JK 3625 
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N ' 



THE 



CONSTITUTION 



OF 



PENNSYLVANIA 



u 



AS AMENDED 

IN THE YEAR 1874 



WITH 



NOTES AND REFERENCES. 

TO WHICH IS APPEXDED 

THE CONSTITUTION OF 1838. 



BY 

FREDERICK C. BRIGHTLY, Esq., 

AUTHOR OP " PURDON'S DIGEST," ETC. 




PHILADELPHIA: 
KAY & BROTHER, 17 & 19 SOUTH SIXTH STREET, 

lain Booksellers, ^vfoUsfyts ant) importers. 
1874. 




A 



Entered according to Act of Congress, in the year 1874, by 

KAY & BROTHER, 
In the Office of the Librarian of Congress at Washington. 



MEARS & DUSENBERY, COLLINS, PRINTER. 

STEREOTYPERS. 



THE 



CONSTITUTION 



OF THE 



COMMONWEALTH OF PENNSYLVANIA. 

1874. 



PEEAMBLE. 



We, the People of the Commonwealth of Pennsylvania, grateful to Almighty 
God for the blessings of civil and religious liberty, and humbly invoking His 
guidance, do ordain and establish this constitution. (a) 

ARTICLE I. 

DECLARATION OF RIGHTS. 

That the general, great and essential principles of liberty and free government 
may be recognised and unalterably established, We declare that 

Sect. 1. All men are born equally free and independent, and have certain 
inherent and indefeasible rights, among which are those of enjoying and defend- 
ing life and liberty, of acquiring, possessing and protecting property and reputa- 
tion, and of pursuing their own happiness. (6) 

Sect. 2. All power is inherent in the people, and all free governments are 
founded on their authority and instituted for their peace, safety and happiness. 
For the advancement of these ends, they have, at all times, an inalienable and inde- 
feasible right to alter, reform or abolish their government, in such manner as they 
may think proper. 

Sect. 3. All men have a natural and indefeasible right to worship Almighty 
God according to the dictates of their own consciences ;(c) no man can, of right, 

(a) The object of the constitution is not to phia, 21 Penn. St. R. 147. 
grant legislative power, but to confine and (c) Christianity is a part of the common 
restrain it. Without the constitutional limi- law of Pennsylvania ; not Christianity founded 
tation, the power of the legislature to make on any particular religious tenets, but Chris- 
laws would be absolute. People v. Draper, tianity with liberty of conscience to all men. 
15 N. Y. 549. People v. Flagg, 46 Ibid. Updegraph v. Commonwealth, 11 S. & K. 
401. Monongahela Navigation Co. v. Coons, 394, 400. Brown v. Hummel, 6 Penn. St. R. 
6 W. & S. 117. The rule of interpretation 96. Specht v. Commonwealth, 8 Ibid. 327. 
for the state constitution differs totally from Commonwealth?;. Johnson, 11 Leg. Int. 14. 
that which is applicable to the constitution of See 2 Story Const. \ 1871. Harvey v. Boies, 
the United States. The latter instrument 1 Penn. 13. Vidal y. Girard's Executors, 2 
must have a strict construction ; the former, How. 198. Lindenmuller v. People, 33 Barb, 
a liberal one. Congress can pass no laws but 548. s. c. 9 Am. L. R. 591. Zeisweiss v. 
those which the constitution authorizes, either James, 63 . Penn. St. R. 465. Every reli- 
expressly or by clear implication ; whilst the gious society, for its own internal order, and 
assembly has jurisdiction of all subjects on for the mode in which it fulfils its functions, 
which its legislation is not prohibited. Com- is a law unto itself, provided it keep within 
monwealth v. Hartman, 17 Penn. St. R. 119. the bounds of social order and morality. Mc- 
Sharpless u. Mayor of Philadelphia, 21 Ibid. Ginnis v. Watson, 41 Penn. St. R. 14. Sut- 
160. Weister v. Hade, 52 Ibid. 474. ter v. Eirst Reformed Dutch Church, 42 Ibid. 

(6) See Sharpless v. Mayor of Philadel- 503. Roshi's Appeal, 69 Ibid. 462. 

(i) 



ii CONSTITUTION OF PENNSYLVANIA. 

be compelled to attend, erect or support any place of worship, or to maintain any 
ministry, against his consent ; no human authority can, in any case whatever, 
control or interfere with the rights of conscience ;(a) and no preference shall 
ever be given, by law, to any religious establishments or modes of worship. 

Sect. 4. No person who acknowledges the being of a God, and a future state 
of rewards and punishments, shall, on account of his religious sentiments, be dis- 
qualified to hold any office, or place of trust or profit, under this commonwealth. (b) 

Sect. 5. Elections shall be free and equal ; and no power, civil or military, 
shall at any time interfere to prevent the free exercise of the right of suffrage. 

Sect. 6. Trial by jury shall be as heretofore, (c) and the right thereof remain 
inviolate, (d) 

Sect. 7. The printing press shall be free(e) to every person who may under- 
take to examine the proceedings of the legislature, or any branch of government, 
and no law shall ever be made to restrain the right thereof. The free communi- 
cation of thoughts and opinions is one of the invaluable rights of man ; and every 
citizen may freely speak, write and print on any subject, being responsible for 
the abuse of that liberty. No conviction shall be had in any prosecution for the 
publication of papers relating to the official conduct of officers, or men in public 
capacity, or to any other matter proper for public investigation or information,^) 
where the fact that such publication was not maliciously or negligently made, shall 
be established to the satisfaction of the jury; and in all indictments for libels, 
the jury shall have the right to determine the law and the facts, under the direc- 
tion of the court, as in other cases. 

Sect. 8. The people shall be secure in their persons, houses, papers and pos- 
sessions, from unreasonable searches and seizures ; and no warrant to search any 
place, or to seize any person or things, shall issue, without describing them as 
nearly as may be, nor without probable cause, supported by oath or affirmation, 
subscribed to by the affiant. (A) 

Sect. 9. In all criminal prosecutions, the accused hath a right to be heard by 
himself and his counsel,© to demand the nature and cause of the accusation 

(a) Those who keep the seventh day as Livingston v. Moore, 7 Pet. 551-2. Trial 
their Sabbath, may be punished for working by jury is a constitutional right, which cannot 
on Sunday. Commonwealth v. Wolf, 3 S. & be waived by implication. Trimble's Appeal, 
R. 48. Specht v. Commonwealth, 8 Penn. 6 W. 133. Lauman v. Young, 31 Penn. St. 
St. R. 322. Omit v. Commonwealth, 21 R. 310. Cancemi v. People, 18 N. Y. 129. 
Ibid. 426. And see Johnson v. Common- The legislature has no power, either to pro- 
wealth, 22 Ibid. 114. s. c. 11 Leg. Int. 14. vide that a petit jury may be composed of a 
Commonwealth v. Lesher, 17 S. & R. 160. less number than twelve, or that a number of 

(6) The test of competency is, whether the the petit jury, less than twelve, may render a 
party believe in the existence of a God, who verdict. 23 Law Rep. 458. Kleinschmidt 
will punish him if he swear falsely. Cubbi- v. Morse, 1 Chicago Leg. N. 437. Common- 
son v. McCreary, 2 W. & S. 262. Blair v. wealth v. Saal, 5 Leg. Gaz. 153. Baxter v. 
Seaver, 26 Penn. St. R. 274. Butts v. Putney, 37 How. Pr. 140. A municipal 
Swartwood, 2 Cow. 431. corporation, being the creature of the legisla- 

(c) This does not interfere with the sum- ture, cannot claim the constitutional right of 

mary conviction of rogues and vagabonds ; a trial by jury. Borough of Dunmore's Ap- 

Byers v. Commonwealth, 42 Penn. St. R. 89 ; peal, 52 Penn. St. R. 374. 
and see Rhines v. Clark, 51 Ibid. 96; Haines (e) Respublica v. Oswald, 1 Dall. 325. 

v. Levin, Ibid. 412. It is error, if it do not Runkle v. Mayer, 3 Y. 520. Respublica v. 

appear, by the record of the trial of an indict- Dennie, 4 Y. 269. 

meut, that the defendant was tried by twelve (g) Respublica v. Dennie, 4 Y. 267. Com- 

jurors, lawfully sworn. Doebler v. Common- monwealth v. Odell, 3 Pitts. 449. 
wealth, 3 S. & R. 237. A waiver of this (h) A warrant of arrest, issued upon com- 

right, by the consent of the defendant, in a mon rumor and report of the party's guilt, 

criminal case, is a nullity. Commonwealth though it recite that there is danger of his es- 

v. Shaw, 1 Pitts. 492. Cancemi v. People,* caping, before witnesses could be summoned, 

18 N. Y. 129. The 37th section of the code to enable the judge to issue it upon oath, is 

of criminal procedure, giving the common- illegal ; and no officer is bound to execute it. 

wealth four peremptory challenges, does not Conner v. Commonwealth, 3 Binn. 38. But 

conflict with this provision. Warren u. Com- an arrest for felony may be made without 

monwealth, 37 Penn. St. R. 45. Hartzell v. warrant. Wakely v. Hart, 6 Binn. 316. 
Commonwealth, 40 Ibid. 462. (i) It need not appear by the record, that 

(rf) See Emerick v. Harris, 1 Binn. 424. the prisoner was allowed counsel. Cathcart 

lu re Pennsylvania Hall, 5 Penn. St. R. 204. v. Commonwealth, 37 Penn. St R. 108. 



CONSTITUTION 



OP PENNSYLVANIA. 



in 



against him, (a) to meet the witnesses face to face,(Z>) to have compulsory process 
for obtaining witnesses in his favor ; and in prosecutions by indictment or infor- 
mation, a speedy public trial by an impartial jury of the vicinage; he cannot be 
compelled to give evidence against himself,(c) nor can he be deprived of his life, 
liberty or property, unless by the judgment of his peers, or the law of the land.(d') 
Sect. 10. No person shall, for any indictable offence, be proceeded against 
criminally, by information, except in cases arising in the land or naval forces, or 
in the militia, when in actual service, in time of war or public danger; or by leave 
of the court, for oppression or misdemeanor in office. (e) No person shall, for the 
same offence, be twice put in jeopardy of life or limb;^) nor shall private pro- 
perty be taken or applied to public use, without authority of law, and without just 
compensation being first made or secured. (A) 



(a) The 20th section of the code of crim- 
inal procedure of 31 March 1860, does not 
conflict with this provision. Cathcart v. Com- 
monwealth, 37 Penn. St. R. 109. 

(b) In all criminal cases, the witnesses 
must be examined in the presence of the ac- 
cused, and be subject to cross-examination. 
Houser v. Commonwealth, 51 Penn. St. R. 
338. This clause applies to impeachments, 
which are criminal prosecutions. Porter's 
Trial 100-12. But depositions were taken 
and read on the trial of Judge Hopkinson. 
Hopkinson's Trial 40-3. It does not, how- 
ever, abrogate the common-law principle, 
that dying declarations are admissible in evi- 
dence, in cases of homicide. Woodsides v. 
State, 2 How. (Miss.) 656. Anthony v. 
State, Meigs 265. Campbell v. State, 11 
Geo. 353. Robbins v. State, 8 Ohio St. R. 
131. State v. Nash, 7 Iowa 349. 

(c) See Galbraith v. Eichelberger, 3 Y. 
515. People v. Kelly, 24 N. Y. 74. 

(c?) A private act is not such a law. Nor- 
man v. Heist, 5 W. & S. 171. Brown v. 
Hummel, 6 Penn. St. R. 87. And see 
Greene v. Briggs, 1 Curt. C. C. 314. It 
means, judgment of law, in its regular course 
of administration through courts of justice. 
Fetter u. Wilt, 46 Penn. St. R. 460. Craig 
v. Kline, 65 Ibid. 399, 413. 

(e) See Respublica v. Wray, 3 Dall. 490. 
Respublica v. Griffiths, 2 Dall. 112. Respub- 
lica v. Prior, 1 Y. 206. Respublica v. Burns, 
Ibid. 370. Respublica v. Montgomery, Ibid. 
419. Commonwealth v. Commissioners, 1 
S. & R. 382. The act of 1843, compelling a 
sheriff to dismiss a deputy who extorts ille- 
gal fees, is constitutional. Leeds's Appeal, 
6 Leg. Gaz. 39. 

(9) This only applies to capital offences. 
McCreary v. Commonwealth, 29 Penn. St. 
R. 323. The court, even in a capital case, 
may discharge a jury, before verdict, in case 
of absolute necessity ; but mere inability to 
agree, is not such a case ; and if a jury be 
discharged, under such circumstances, the 
prisoner may plead it in bar of another trial. 
Commonwealth v. Clue, 3 R. 498. 

(A) See art. XVI. § 8. This clause is a 
disabling, not an enabling one. Harvey v. 
Thomas, 10 W. 66. It is a limitation, not 
on the taxing power, but on the, right of emi- 
nent domain. Gilman v. Sheboygan, 2 Bl. 
510. There are no other limitations to the 
power of the state over private property, than 
those that are placed upon it by the constitu- 
tion. Monongahela Navigation Co. v. Coons, 



6 W. & S. 113. The commonwealth has a 
constitutional right to authorize a turnpike 
company to lay out a road through the private 
ground of a citizen, without making compen- 
sation for the soil. McClenachan v. Curwen, 
6 Binn. 509. Such compensation having 
been originally made in each purchaser's par- 
ticular grant, s. c. 3 Y. 373. The mere 
laying out of streets through private property, 
is not a taking, within the meaning of the 
constitution ; it is only when they are actually 
opened and applied to public use, that the 
owners are entitled to compensation. City 
of Pittsburgh, 2 W. & S. 320. It is not ne- 
cessary, that the compensation should be- 
actually ascertained and paid, before the prop- 
erty is appropriated ; it is enough, that an 
adequate remedy is provided, by which the 
owner can obtain compensation, without un- 
reasonable delay. Pittsburgh v. Scott, 1 
Penn. St. R. 309. Commonwealth v. Wood, 
10 Ibid. 97. Commonwealth v. Pittsburgh 
and Connellsville Railroad Co., 58 Ibid. 26. 
Hatermehl v. Dickerson, 8 Phila. 282. See 
Yost's Report, 17 Penn. St. R. 524. And a 
law limiting the time within which the owner's 
claim for damages shall be exhibited, is not 
unconstitutional. Rexford v. Knight, 1 1 N. 
Y. 308. To authorize the taking of private 
property for public use, there must be an ad- 
judication upon the facts which render it pro- 
per. Philadelphia v. Scott, 31 Leg. Int. 12. 
The legislature may constitutionally require 
the owners of property benefited by a public 
improvement, to pay the damages sustained 
by those whose property is taken, in propor- 
tion to the benefits received by each of them. 
McMasters v. Commonwealth, 3 W. 296. 
Fenelon's Petition, 7 Penn. St. R. 175. 
Livingston v. New York, 8 Wend. 85. Peo- 
ple v. Mayor of Brooklyn, 4 N. Y. 419. 
But if the whole benefit be a public one, and 
the owners do not derive any special benefit 
from the improvement, such act is unconsti- 
tutional. Commissioners v. Curran, 29 Leg. 
Int. 28. And the government cannot take 
the property of one citizen, for the mere pur- 
pose of transferring it to another, even for a 
full compensation, where the public is not 
interested in such transfer ; such an arbitrary 
exercise of power is an infringement of the 
spirit of the constitution, not being within the 
powers delegated by the people to the legisla- 
ture. Pittsburgh v. Scott, 1 Penn. St. R. 
309. Lamberton v. Hogan, 2 Ibid. 24. 
Brown v. Hummel, 6 Ibid. 91. McMichael 
v. Skilton, 13 Ibid. 217. Irvine's Appeal, 



IV 



CONSTITUTION OF PENNSYLVANIA. 



Sect. 11. All courts shall be open ; and every man for an injury done him in 
his lands, goods, person, or reputation, shall have remedy by due course of law, (a) 
and right and justice administered, without sale, denial or delay. Suits may 
be brought against the commonwealth, in such manner, in such courts, and in 
tiuch cases, as the legislature may by law direct. (b) 

Sect. 12. No power of suspending laws shall be exercised, unless by the legis- 
lature or by its authority. 

Sect. 13. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel punishments inflicted. 

Sect. 14. All prisoners shall be bailable by sufficient sureties, unless for capital 
offences, (c) when the proof is evident or presumption great ;(d) and the privi- 
lege of the writ of habeas corpus shall not be suspended, unless when, in case of 
rebellion or invasion, the public safety may require it. 

Sect. 15. No commission of oyer and terminer or jail delivery shall be issued. 

Sect. 16. The person of a debtor, where there is not strong presumption of 
fraud, shall not be continued in prison, after delivering up his estate for the benefit 
of his creditors, in such manner as shall be prescribed by law. 

Sect. 17. No ex post facto law,(e) nor any law impairing the obligation of 
contracts, (jf) or making irrevocable any grant of special privileges or immunities, 
shall be passed. 

Sect. 18. No person shall be attainted of treason or felony by the legislature. 

Sect. 19. No attainder shall work corruption of blood, nor, except during the 
life of the offender, forfeiture of estate to the commonwealth. The estate of 
such persons as shall destroy their own lives, shall descend or vest as in cases of 
natural death ; and if any person shall be killed by casualty, there shall be no for- 
feiture by reason thereof. 

Sect. 20. The citizens have a right, in a peaceable manner, to assemble together 
for their common good, and to apply to those invested with the powers of govern- 
ment, for redress of grievances, or other proper purposes, by petition, address or 
remonstrance. 



16 Ibid. 264. Kneass's Appeal, 31 Ibid. 90. 
Lance's Appeal, 55 Ibid. 16. Powers v. Ber- 
gen, 6 N. Y. 358. Palairet's Appeal, 67 
Penn. St. R. 479. The legislature may, in- 
deed, authorize a trustee of the legal estate in 
land to convert it into money, for the purpose 
of distributing the proceeds among the parties 
entitled. Norris v. Clymer, 2 Penn. St. R. 
277. Sergeant v. Kuhn, Ibid. 393. Kerr v. 
Kitchen, 17 Ibid. 434. Moers v. Reading, 21 
Id. 201. But they cannot authorize the sale 
of the property of parties sui juris, and seised 
of a vested estate, against their consent. Er- 
vine's Appeal, 16 Penn. St. R. 256. Kneass's 
Appeal, 31 Ibid. 87. And see Richards v. 
Rote, 68 Ibid. 248. 

(a) This requires that the law relating to 
the, transaction in controversy, at the time 
when it is complete, shall be an inherent ele- 
ment of the case, and shall guide the decision ; 
and that the case shall not be altered, in its 
substance, by any subsequent law. Menges 
v. Dentler, 33 Penn. St. R. 495. 

(6) Monongahela Navigation Co. v. Coons, 
6 W. & S. 116, 117. 

(c) A prisoner charged with homicide, may 
be admitted to bail, even after indictment 
found, where the evidence shows that the of- 
fence is not a capital one. Commonwealth v. 
Lemley, 2 Pitts. 362. 

(c?) This clause has reference to the guilt 
of the prisoner, not to the nature or degree 
of the offence. Commonwealth v. Lemley, 
2 Pitts. 362. 



(e) Any law changing the punishment of 
offences committed before its passage, is ex 
post facto and void, under the constitution, 
unless the change consist in the remission of 
some separable part of the punishment before 
prescribed, or be referable to prison discipline 
or penal administration, as its primary object. 
Hartung v. People, 22 N. Y. 95. An act 
granting a new trial is unconstitutional. De 
Chastellux v. Fairchild, 15 Penn. St. R. 18. 
Ervine's Appeal, 16 Ibid. 266-7. Baggs's 
Appeal, 43 Ibid. 512. Hendrickson's Estate, 
19 Leg. Int. 372. 

(g) See Evans v. Montgomery, 4 W. & S. 
218. Deichman's Appeal, 2 Wh. 396. Chad- 
wick v. Moore, 8 W. & S. 49. Bunn v. Gor- 
gas, 41 Penn. St. R. 441. Miller v. Ripka, 
9 Am. L. R. 561. An act of assembly can- 
not impair a contract made, after it has passed 
both houses of the general assembly, but be- 
fore its approval by the governor. Wartman 
v. Philadelphia, 33 Penn. St. R. 202. The 
legislature, provided it do not violate the 
constitutional prohibitions, may pass retro- 
spective laws. Hepburn v. Curts, 7 W. 300. 
Journeay v. Gibson, 56 Penn. St. R. 57. See 
Banner v. Shissler, 31 Ibid. 289. Juniata 
Township, Ibid. 301. Penrose v. Erie Canal 
Co., 56 Penn. St. R. 46. But a contract 
which has become void, by force of its inhe- 
rent conditions, cannot be reinstated by act of 
assemblv. Plank Road Co. v. Davidson, 39 
Penn. St. R. 435. See Tyson v. School Di- 
rectors, 51 Ibid. 9. Whenever a power to 



CONSTITUTION OF PENNSYLVANIA. v 

Sect. 21. The right of the citizens to bear arms in defence of themselves and 
the state, shall not be questioned. (a) 

Sect. 22. No standing army shall, in time of peace, be kept up, without the 
consent of the legislature; and the military shall, in all cases, and at all times, be 
in strict subordination to the civil power. (6) 

Sect. 23. No soldier shall, in time of peace, be quartered in any house, without the 
consent of the owner; nor in time of war, but in a manner to be prescribed by law. 

Sect. 24. The legislature shall not grant any title of nobility or hereditary 
distinction, nor create any office, the appointment to which shall be for a longer 
term than during good behavior. 

Sect. 25. Emigration from the state shall not be prohibited. 

Sect. 26. To guard against transgressions of the high powers which we have 
delegated, we declare, that everything in this article is excepted out of the gen- 
eral powers of government, and shall for ever remain inviolate. 

ARTICLE II. 

OF THE LEGISLATURE. 

Sect. 1. The legislative power of this commonwealth shall be vested in a gen- 
eral assembly. (c) which shall consist of a senate and a house of representatives. (d) 

Sect. 2. Members of the general assembly shall be chosen at the general elec- 
tion every second year.(e) Their term of service shall begin on the first day of 
December next after their election. Whenever a vacancy shall occur in either 
house, the presiding officer thereof shall issue a writ of election, to fill such vacancy 
for the remainder of the term. 

Sect. 3. Senators shall be elected for the term of four years, and representatives 
for the term of two years. 

Sect. 4. The general assembly shall meet at twelve o'clock, noon, on the first 
Tuesday of January, every second year, and at other times when convened by the 



repeal, alter or amend a charter is reserved in 
it, its exercise does not impair the obligation 
of the contract. Commonwealth v. Fayette 
County Railroad Co., 55 Penn. St. R. 452. 
See Home of the Friendless v. Rouse, 8 Wall. 
430. The charter of a municipal corporation 
is not a contract, within the prohibition of 
the constitution. City of Erie v. Erie Canal 
Co., 59 Penn. St. R. 174. 

(a) It has been ruled by the court of quar- 
ter Sessions of Philadelphia, that a statute pro- 
hibiting the carrying of concealed weapons, 
is unconstitutional, so far as it applies to the 
carrying of arms for self-defence ; and that 
although the act of 13 May 1850, authorizes 
the jury to infer an unlawful intent, from the 
mere fact of carrying concealed weapons, yet, 
it is competent for the party accused to rebut 
this presumption. Commonwealth v. McNul- 
ty, 8 Phila. 610. The vice of that statute 
would, however, appear to lie in making it in- 
cumbent on a party who is in the exercise of 
a constitutional right, to prove affirmatively 
the absence of an illegal intent. And accord- 
ingly, it has been held, that although a law 
which inhibits the wearing of certain weapons 
in a concealed manner, may be valid, yet, in 
so far as it cuts off the exercise of the right 
of the citizen altogether, to bear arms, or under 
color of prescribing the mode, renders the 
right itself useless, it is unconstitutional and 
void. Nunn v. State, 1 Kelly 243. An act 
to punish the wearing of concealed arms, was 
held unconstitutional, in Bliss i>. Common- 
wealth, 2 Litt. 90. Contra, State v. Reid, 1 
Ala. 612. State v. Mitchell, 3 Blackf. 229, 



Cochran v. State, 24 Tex. 394. 

(6) See Commonwealth v. Small, 2G Penn. 
St. R. 33. 

(c) In Locke v. "Widener, 30 Leg. Int. 93, 
it was decided by the supreme court, that an 
act submitting the question of granting tav- 
ern-licenses to the electors of a ward, was not 
in conflict with the constitution. In Parker 
v. Commonwealth, 6 Penn. St. R. 507, the 
former supreme court arrived at exactly an 
opposite conclusion. Each of these decisions 
was made by a bare majority of the court, so 
that in point of number, the judges on either 
side of the question are evenly balanced. Un- 
der these circumstances, the question can 
hardly be deemed settled in Pennsylvania. 
In Morse v. Goold, 11 N. Y. 281, it was 
ruled by the court of appeals of New York, 
that a judgment given by a divided court, 
though it settles the case between the parties, 
was not obligatory as a precedent. 

(d) See Greenough v. Greenough, 11 Penn. 
St. R. 494. De Chastellux v. Fairchild, 15 
Ibid. 20. Watkins v. Holman, 16 Pet. 60. 

(e) If a majority of the votes have been 
cast for a disqualified person, the one who re- 
ceived the next highest number is not to be 
returned as elected. Commonwealth v. Clu- 
ley, 56 Penn. St. R. 270. State v. Giles, 1 
Chand. 112. State u. Smith, 14 Wis. 497. 
Saunders v. Haynes, 13 Cal. 145. Contra, 
Gulick v. New, 14 Ind. 93. Carson v. Mc- 
Phetridge, 15 Ind. 327. Stewart v. Hayes, 
3 Chicago Leg. News 117. And see Bright. 
Elect. Cas. 150-1. People v. Clute, 50 N. 
Y. 451. 



vi CONSTITUTION OF PENNSYLVANIA. 

governor, but shall hold no adjourned annual session after the year 1878. In 
case of a vacancy in the office of United States senator from this commonwealth, 
in a recess between sessions, the governor shall convene the two houses, by pro- 
clamation, on notice not exceeding sixty days, to fill the same. 

Sect. 5. Senators shall be at least twenty-five years of age, and representatives 
twenty-one years of age. They shall have been citizens and inhabitants of the 
state four years, and inhabitants of their respective districts one year next before 
their election (unless absent on the public business of the United States or of 
this state), and shall reside in their respective districts, during their terms of 
service. 

Sect. 6. No senator or representative shall, during the time for which he shall 
have been elected, be appointed to any civil office under this commonwealth ; and 
no member of congress, or other person holding any office (except of attorney-at- 
law, or in the militia), under the United States or this commonwealth, shall be a 
member of either house, during his continuance in office. (a) 

Sect. 7. No person hereafter convicted of embezzlement of public moneys, 
bribery, perjury or other infamous crime, shall be eligible to the general assembly, 
or capable of holding any office of trust or profit in this commonwealth. 

Sect. 8. The members of the general assembly shall receive such salary and 
mileage for regular and special sessions, as shall be fixed by law, and no other 
compensation whatever, whether for service upon committee or otherwise. No 
member of either house shall, during the term for which he may have been 
elected, receive any increase of salary, or mileage, under any law passed during 
such term. 

Sect. 9. The senate shall, at the beginning and close of each regular session, 
and at such other times as may be necessary, elect one of its members president 
pro tempore, who shall perform the duties of the lieutenant-governor, in any case 
of absence or disability of that officer, and whenever the said office of lieutenant- 
governor shall be vacant. The house of representatives shall elect one of its 
members as speaker. Each house shall choose its other officers, and shall judge 
of the election and qualifications of its members. 

Sect. 10. A majority of each house shall constitute a quorum ■• but a smaller 
number may adjourn from day to day, and compel the attendance of absent mem- 
bers. 

Sect. 11. Each house shall have power to determine the rules of its proceed- 
ings, and punish its members, or other persons, for contempt or disorderly behavior 
in its presence, to enforce obedience to its process, to protect its members against 
violence or offers of bribes or private solicitation, and, with the concurrence of 
two-thirds, to expel a member, but not a second time for the same cause ; and shall 
have all other powers necessary for the legislature of a free state. (b) A member 
expelled for corruption shall not thereafter be eligible to either house ; and pun- 
ishment for contempt or disorderly behavior, shall not bar an indictment for the 
same offence. 

Sect. 12. Each house shall keep a journal of its proceedings, and from time to 
time, publish the same, except such parts as require secrecy; and the yeas and 
nays of the members on any question shall, at the desire of any two of them, be 
entered on the journal. 

Sect. 13. The sessions of each house, and of committees of the whole, shall 
be open, unless when the business is such as ought to be kept secret. 

Sect. 14. Neither house shall, without the consent of the other, adjourn for 
more than three days,(c) nor to any other place than that in which the two 
houses shall be sitting. 

Sect. 15.. The members of the general assembly shall, in all cases, except 

(a) If a member, at the time of his election, (c) An adjournment of the house for more 

hold a disqualifying office, it is sufficient, that than three days, without the concurrence of 

he qualify himself,* by a resignation of it, be- the senate, does not, ipso facto, work a disso- 

fore he is sworn in. Commonwealth v. Pyle, lution of the general assembly. West Phil- 

18 Penn. St. R. 519. adelphia Passenger Railroad Co. v. Union 

(6) See Sharpless v. Mayor of Philadel- Passenger Railway Co., 4 Leg. Gaz. 198 ; 

phia, 21 Penn. St. R. 147. ' s. c. 29 Leg. Int. 196. 



CONSTITUTION OF PENNSYLVANIA. vii 

treason, felony, violation of their oath of office, and breach or surety of the 
peace, be privileged from arrest, during their attendance at the sessions of their 
respective houses, and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in any other place. 

Sect. 16. The state shall be divided into fifty senatorial districts of compact 
and contiguous territory, as nearly equal in population as may be ; and each dis- 
trict shall be entitled to elect one senator. Each county containing one or more 
ratios of population, shall be entitled to one senator for each ratio, and to an addi- 
tional senator for a surplus of population exceeding three-fifths of a ratio, but no 
county shall form a separate district, unless it shall contain four-fifths of a ratio, 
except where the adjoining counties are each entitled to one or more senators, 
when such county may be assigned a senator on less than four-fifths, and exceed- 
ing one-half of a ratio ; and no county shall be divided, unless entitled to two or 
more senators. No city or county shall be entitled to separate representation, ex- 
ceeding one sixth of the whole number of senators. No ward, borough or town- 
ship shall be divided in the formation of a district. The senatorial ratio shall be 
ascertained by dividing the whole population of the state by the number fifty. 

Sect. 17. The members of the house of representatives shall be apportioned 
among the several counties, on a ratio obtained by dividing the population of the 
state, as ascertained by the most recent United States census, by two hundred . Every 
county containing less than five ratios shall have one representative for every full 
ratio, and an additional representative, when the surplus exceeds half a ratio ; 
but each county shall have at least one representative. Every county containing 
five ratios, or more, shall have one representative for every full ratio. Every city 
containing a population equal to a ratio, shall elect separately its proportion of the 
representatives allotted to the county in which it is located. Every city entitled 
to more than four representatives, and every county having over one hundred 
thousand inhabitants, shall be divided into districts of compact and contiguous 
territory, each district to elect its proportion of representatives, according to its 
population ; but no district shall elect more than four representatives. 

Sect. 18. The general assembly, at its first session after the adoption of this 
constitution, and immediately after each United States decennial census, shall 
apportion the state into senatorial and representative districts, agreeably to the 
provisions of the two next preceding sections. 

ARTICLE III. 

OF LEGISLATION. 

Sect. 1. No law shall be passed, except by bill, and no bill shall be so altered 
or amended, on its passage through either house, as to change its original purpose. 

Sect. 2. No bill shall be considered, unless referred to a committee, returned 
therefrom, and printed for the use of the members. 

Sect. 3. No bill, except general appropriation bills, shall be passed, containing 
more than one subject, which shall be clearly expressed in its title. (a) ' 

(a) It is not necessary that the title of an provisions. Robinson v. State, 15 Tex. 311. 

act should be a complete index of its contents. General provisions are not rendered void, by 

Commonwealth v. Green, 58 Penn. St. R. reason of being contained in the same act with 

226. Yeager i\ Weaver, 64 Ibid. 425. Sun others of merely local application, though the 

Mutual Insurance Co. v. New York, 8 N. Y. title refer to the latter only. People v. Mc- 

24. Reed v. State, 12 Ind. 641. The unity Cann, 16 N. Y. 58. If the title of the act be 

of the object is to be looked for, in the ulti- simple, it is only those provisions that are not 

mate object to be attained, and not in the de- covered by it, that are void ; the others are 

tails leading to that end. State v. Davis valid. Williams v. Payson, 14 La. An. 7. 

County, 2 Clark (Iowa) 280. Railroad Co. Indeed, it has been held, that this clause is 

v. Ballard, 2 Met. (Ky.) 165. Brewster v. merely directory, and does not avoid laws 

Syracuse, 19 N. Y. 116. Church Street, 54 passed in violation of it. Pierpont v. Crouch, 

Pcnn. St. R. 353. See Ex parte Mayer, 50 10 Cal. 315. See Parkinson v. State, 14 Md. 

N. Y. 504. People v. Briggs, Ibid. 553. If 184. Henry u. Henry, 13 Ind. 250. Thomas- 

the provisions of an act come fairly within the son v. State, 15 Ibid. 449. Morford v. Unger, 

object expressed in its title, it is not avoided, 8 Clarke (Iowa) 82. Gifford v. New Jersey 

because of any incongruities of improper di- Railroad and Transportation Co., 2 Stock, 

visions, subdivisions, or classifications of its 171. Supervisors v. Ileenan, 2 Minn. 330. 



Viii CONSTITUTION OF PENNSYLVANIA. 

Sect. 4. Every bill shall be read at length on three different days, in each 
house ; all amendments made thereto shall be printed for the use of the members, 
before the final vote is taken on the bill ; and no bill shall become a law, unless on 
its final passage, the vote be taken by yeas and nays, the names of the persons 
voting for and against the same be entered on the journal, and a majority of the 
members elected to each house be recorded thereon as voting in its favor. (a) 

Sect. 5. No amendment to bills by one house shall be concurred in by the 
other, except by the vote of a majority of the members elected thereto, taken by 
yeas and nays, and the names of those voting for and against recorded upon the 
journal thereof; and reports of committees of conference shall be adopted in 
either house only by the vote of a majority of the members elected thereto, taken 
by yeas and nays, and the names of those voting recorded upon the journals. 

Sect. 6. No law shall be revived, amended, or the provisions thereof extended 
or conferred, by reference to its title only, but so much thereof as is revived, 
amended, extended or conferred shall be re-enacted and published at length. 

Sect. 7. The general assembly shall not pass any local or special law author- 
izing the creation, extension or impairing of liens ; regulating the affairs of 
counties, cities, townships, wards, boroughs or school districts ; changing the 
names of persons or places ; changing the venue in civil or criminal cases ; 
authorizing the laying out, opening, altering or maintaining roads, high- 
ways, streets or alleys ; relating to ferries or bridges, or incorporating ferry 
or bridge companies, except for the erection of bridges crossing streams which 
form boundaries between this and any other state ; vacating roads, town plats, 
streets or alleys ; relating to cemeteries, graveyards or public grounds, not 
of the state; authorizing the adoption or legitimation of children; locating or 
changing county seats ; erecting new counties, or changing county lines ; in- 
corporating cities, towns or villages, or changing their charters ; for the opening 
and conducting of elections, or fixing or changing the place of voting ; granting 
divorces ;(&) erecting new townships or boroughs; changing township lines, borough 
limits or school districts ; creating offices, or prescribing the powers and duties 
of officers, in counties, cities, boroughs, townships, election or school districts ;(c) 
changing the law of descent or succession; regulating the practice or juris- 
diction of, or changing the rules of evidence in, any judicial proceeding or 
inquiry before courts, aldermen, justices of the peace, sheriffs, commissioners, ar- 
bitrators, auditors, masters in chancery or other tribunals, or providing or changing 
methods for the collection of debts, or the enforcing of judgments, or prescribing 
the effect of judicial sales of real estate ; regulating the fees, or extending the 
powers and duties of aldermen, justices of the peace, magistrates or constables; 
regulating the management of public schools, the building or repairing of school- 
houses, and the raising of money for such purposes ; fixing the rate of interest ; 
affecting the estates of minors or persons under disability, except after due notice 
to all parties in interest, to be recited in the special enactment ; remitting fines, 
penalties and forfeitures, or refunding moneys legally paid into the treasury ; 
exempting property from taxation ; regulating labor, trade, mining or manufac- 
turing; creating corporations, or amending, renewing or extending the charters 
thereof; granting to any corporation, association or individual, any special or ex- 
clusive privilege or immunity, or to any corporation, association or individual, the 
right to lay down a railroad track ; nor shall the general assembly indirectly enact 
such special or local law, by the partial repeal of a general law ; but laws repealing 
local or special acts may be passed ; nor shall any law be passed granting powers 

Denhamv. Holeman, 26 Geo. 182. Chiles v. v. Dickerson, Ibid. 604. s. C. 30 Ibid. 53. 

Drake, 2 Met. (Ky.) 146. Phillips y. Rail- Philadelphia v. Donahue, 5 Leg. Gaz. 22. 

road Co., Ibid. 219. Commonwealth v. Drew- State Street, 2 Leg. Chron. 1. 7 Abb. Pr. 

ry, 15 Grat. 1. Police Jury v. Colomb, 20 (N. S.) 1 n. 

La. An. 196. Ream v. Siskiyow County, 36 (a) See Purdy v. People, 4 Hill 384. Peo- 
Cal. 620. Hines v. Aydelotte, 29 Ind. 518. pie v. Supervisors, 8 N. Y. 317. Darling- 
State v. Squires, 26 Iowa 340. The title of an ton v. New York, 2 Rob. 274. 
act is now deemed a part of it. Pennsylvania (6) See Jones v. Jones, 12 Penn. St. R. 
Railroad Co. v. Riblet, 66 Penn. St. R. 164. 350. Cronise v. Cronise, 54 Ibid. 255. Ro- 
See Union Passenger Railway Company's berts v. Roberts, Ibid. 265. 
Appeal, 29 Leg. Int. 380. Commonwealth (c) See People v. Pinckney, 32 N. Y. 377. 



CONSTITUTION OF PENNSYLVANIA. ix 

or privileges, in any Case where the granting of such powers and privileges shall 
have been provided for by general law, nor where the courts have jurisdiction to 
grant the same, or give the relief asked for. (a) 

Sect. 8. No local or special bill shall be passed, unless notice of the intention 
to apply therefor shall have been published, in the locality where the matter or 
the thing to be affected may be situated, which notice shall be at least thirty days 
prior to the introduction into the general assembly of such bill, and in the manner 
to be provided by law ; the evidence of such notice having been published, shall 
be exhibited in the general assembly, before such act shall be passed. 

Sect. 9. The presiding officer of each house shall, in the presence of the house 
over which he presides, sign all bills and joint resolutions passed by the general 
assembly, after their titles have been publicly read, immediately before signing ; 
and the fact of signing shall be entered on the journal. 

Sect. 10. The general assembly shall prescribe by law the number, duties and 
compensation of the officers and employees of each house; and no payment shall 
be made from the state treasury, or be in any way authorized, to any person, except 
to an acting officer or employee elected or appointed in pursuance of law. 

Sect. 11. No bill shall be passed giving any extra compensation to any public 
officer, servant, employee, agent or contractor, after services shall have been ren- 
dered or contract made, nor providing for the payment of any claim against the 
commonwealth, without previous authority of law. 

Sect. 12. All stationery, printing, paper and fuel used in the legislative and 
other departments of government, shall be furnished, and the printing, binding 
and distributing of the laws, journals, department reports, and all other printing 
and binding, and the repairing and furnishing the halls and rooms used for the 
meetings of the general assembly and its committees, shall be performed under 
contract, to be given to the lowest responsible bidder below such maximum price, 
and under such regulations, as shall be prescribed by law ; no member or officer 
of any department of the government shall be, in any way, interested in such con- 
tracts; and all such contracts shall be subject to the approval of the governor, 
auditor-general and state treasurer. 

Sect. 13. No law shall extend the term of any public officer, or increase or 
diminish his salary or emoluments, after his election or appointment. 

Sect. 14. All bills for raising revenue shall originate in the house of represen- 
tatives, but the senate may propose amendments as in other bills. 

Sect. 15. The general appropriation bill shall embrace nothing but appropria- 
tions for the ordinary expenses of the executive, legislative and judicial depart- 
ments of the commonwealth, interest on the public debt and for public schools ; 
all other appropriations shall be made by separate bills, each embracing but one 
subject. 

Sect. 16. No money shall be paid out of the treasury, except upon appropria- 
tions made by law, and on warrant drawn by the proper officer in pursuance 
thereof. 

Sect. 17. No appropriation shall be made to any charitable or educational in- 
stitution, not under the absolute control of the commonwealth, other than normal 
schools, established by law, for the professional training of teachers for the public 
schools of the state, except by a vote of two-thirds of all the members elected to 
each house. 

Sect. 18. No appropriations, except for pensions or gratuities for military ser- 
vices, shall be made for charitable, educational or benevolent purposes, to any 
person or community, nor to any denominational or sectarian institution, corpora- 
tion or association. 

Sect. 19. The general assembly may make appropriations of money to institu- 
tions wherein the widows of soldiers are supported or assisted, or the orphans of 
soldiers are maintained or educated; but such appropriation shall be applied ex- 
clusively to the support of such widows and orphans. 

Sect. 20. The general assembly shall not delegate to any special commission, 
private corporation or association, any power to make, supervise or interfere with 

(a) See People v. Bowen, 21 N. Y. 517. 



x CONSTITUTION OF PENNSYLVANIA. 

any municipal improvement, money, property or effects, whether held in trust or 
otherwise, or to levy taxes, or perform any municipal function whatever. 

Sect. 21. No act of the general assembly shall limit the amount to be recovered 
for injuries resulting in death, or for injuries to persons or property ; and, in case 
of death from such injuries, the right of action shall survive, and the general 
assembly shall prescribe for whose benefit such actions shall be prosecuted. No 
act shall prescribe any limitations of time within which suits may be brought 
against corporations for injuries to persons or property, or for other causes, different 
from those fixed by general laws regulating actions against natural persons; and 
such acts now existing are avoided. 

Sect. 22. No act of the general assembly shall authorize the investment of 
trust funds by executors, administrators, guardians or other trustees, in the bonds 
or stock of any private corporation ; and such acts now existing are avoided, saving 
investments heretofore made. 

Sect. 23. The power to change the venue in civil and criminal cases shall be 
vested in the courts, to be exercised in such manner as shall be provided by law. 

Sect. 24. No obligation or liability of any railroad or other corporation, held 
or owned by the commonwealth, shall ever be exchanged, transferred, remitted, 
postponed, or in any way diminished, by the general assembly; nor shall such lia- 
bility or obligation be released, except by payment thereof into the state treasury. 

Sect. 25. When the general assembly shall be convened in special session, 
there shall be no legislation upon subjects other than those designated in the 
proclamation of the governor calling such session. 

Sect. 26. Every order, resolution or vote to which the concurrence of both 
houses may be necessary, except on the question of adjournment, shall be pre- 
sented to the governor, and before it shall take effect, be approved by him, or being 
disapproved, shall be repassed by two-thirds of both houses, according to the 
rules and limitations prescribed in case of a bill. 

Sect. 27. No state office shall be continued or created for the inspection or 
measuring of any merchandise, manufacture or commodity ; but any county or 
municipality may appoint such officers, when authorized by law. (a) 

Sect. 28. No law changing the location of the capital of the state shall be 
valid, until the same shall have been submitted to the qualified electors of the 
commonwealth, at a general election, and ratified and approved by them. 

Sect. 29. A member of the general assembly who shall solicit, demand or re- 
ceive, or consent to receive, directly or indirectly, for himself or for another, 
from any company, corporation or person, any money, office, appointment, employ- 
ment, testimonial, reward, thing of value or enjoyment, or of personal advantage, 
or promise thereof, for his vote or official influence, or for withholding the same, 
or with an understanding, expressed or implied, that his vote or official action 
shall be, in any way, influenced thereby ; or who shall solicit or demand any such 
money or other advantage, matter or thing aforesaid, for another, as the consider- 
ation of his vote or official influence, or for withholding the same, or shall give or 
withhold his vote or influence, in consideration of the payment or promise of such 
money, advantage, matter or thing to another ; shall be held guilty of bribery, 
within the meaning of this constitution, and shall incur the disabilities provided 
thereby for said offence, and such additional punishment as is or shall be provided 
by law. 

Sect. 30. Any person who shall, directly or indirectly, offer, give or promise, 
any money or thing of value, testimonial, privilege or personal advantage, to any 
executive or judicial officer, or member of the general assembly, to iufluence him 
in the performance of any of his public or official duties, shall be guilty of bri- 
bery, and be punished in such manner as shall be provided by law. 

Sect. 31. The offence of corrupt solicitation of members of the general assem- 
bly, or of public officers of the state, or of any municipal division thereof, and 
any occupation or practice of solicitation of such members or officers, to influence 
their official action, shall be defined by law, and shall be punished by fine and 
imprisonment. 

(a) See Tinkhara v. Tapscott, 17 N. Y. 141. , 



CONSTITUTION OF PENNSYLVANIA. xi 

Sect. 32. ADy person may be compelled to testify, in any lawful investigation 
or judicial proceeding, against any person who may be charged with having com- 
mitted the offence of bribery or corrupt solicitation, or practices of solicitation, 
and shall not be permitted to withhold his testimony, upon the ground that it 
may criminate himself, or subject him to public infamy ; but such testimony shall 
not afterwards be used against him, in any judicial proceeding, except for perjury 
in giving such testimony; and any person convicted of either of the offences 
aforesaid shall, as part of the punishment therefor, be disqualified from holding 
any office or position of honor, trust or profit in this commonwealth. 

Sect. 33. A member who has a personal or private interest in any measure or 
bill proposed or pending before the general assembly, shall disclose the fact to the 
house of which he is a member, and shall not vote thereon. 

ARTICLE IV. 

OF THE EXECUTIVE. 

Sect. 1. The executive department of this commonwealth shall consist of a 
governor, lieutenant-governor, secretary of the commonwealth, attorney-general, 
auditor-general, state treasurer, secretary of internal affairs and a superintendent 
of public instruction. 

Sect. 2. The supreme executive power shall be vested in the governor, who 
shall take care that the laws be faithfully executed ; he shall be chosen on the 
day of the general election, by the qualified electors of the commonwealth, at the 
places where they shall vote for representatives. The returns of every election 
for governor shall be sealed up and transmitted to the seat of government, di- 
rected to the president of the senate, who shall open and publish them, in the 
presence of the members of both houses of the general assembly. The person 
having the highest number of votes shall be governor, but if two or more be equal 
and highest in votes, one of them shall be chosen governor, by the joint vote of 
the members of both houses. Contested elections shall be determined by a com- 
mittee, to be selected from both houses of the general assembly, and formed and 
regulated in such manner as shall be directed by law. 

Sect. 3. The governor shall hold his office during four years from the third 
Tuesday of January next ensuing his election, and shall not be eligible to the 
office for the next succeeding term. 

Sect. 4. A lieutenant-governor shall be chosen at the same time, in the same 
manner, for the same term, and subject to the same provisions as the governor; 
he shall be president of the senate, but shall have no vote, unless they be equally 
divided. 

Sect. 5. No person shall be eligible to the office of governor or lieutenant- 
governor, except a citizen of the United States, who shall have attained the age 
of thirty years, and have been seven years next preceding his election an inhabit- 
ant of the state, unless he shall have been absent on the public business of the 
United States, or of this state. 

Sect. 6. No member of congress, or person holding any office under the 
United States, or this state, shall exercise the office of governor or lieutenant-gov- 
ernor. 

Sect. 7. The governor shall be commander-in-chief of the army and navy of 
the commonwealth, and of the militia, except when they shall be called into the 
actual service of the United States. 

Sect. 8. He shall nominate, and, by and with the advice and consent of two- 
thirds of all the members of the senate, appoint a secretary of the commonwealth 
and an attorney- general, during pleasure, a superintendent of public instruction, 
for four years, and such other officers of the commonwealth as he is or may be 
authorized, by the constitution or law, to appoint ; he shall have power to fill all 
vacancies that may happen in offices to which he may appoint, during the recess 
of the senate, by granting- commissions which shall expire at the end of their 
next session : he shall have power to fill any vacancy that may happen, during 
the recess of the senate, in the office of auditor-general, state treasurer, secretary 
of internal affairs, or superintendent of public instruction, in a judicial office, or 



xii CONSTITUTION OF PENNSYLVANIA. 

in any other elective office which he is or may be authorized to fill ; if the 
vacancy shall happen during the session of the senate, the governor shall nominate 
to the senate, before their final adjournment, a proper person to fill said vacancy; 
but in any such case of vacancy in an elective office, a person shall be chosen to 
said office at the next general election, unless the vacancy shall happen within 
three calendar months immediately preceding such election, in which case, the 
election for said office shall be held at the second succeeding general election. 
In acting on executive nominations, the senate shall sit with open doors, and, in 
confirming or rejecting the nominations of the governor, the vote shall be taken 
by yeas and nays, and shall be entered on the journal. 

Sect. 9. He shall have power to remit fines and forfeitures, (a) to grant re- 
prieves, commutations of sentence and pardons,(6) except in cases of impeach- 
ment ; but no pardon shall be granted, nor sentence commuted, except upon the 
recommendation in writing of the lieutenant-governor, secretary of the common- 
wealth, attorney-general and secretary of internal affairs, or any three of them, 
after full hearing, upon due public notice, and in open session ; and such recom- 
mendation, with the reasons therefor, at length, shall be recorded and filed in the 
office of the secretary of the commonwealth. 

Sect. 10. He may require information in writing from the officers of the exe- 
cutive department, upon any subject relating to the duties of their respective 
offices. 

Sect. 11. He shall, from time to time, give to the general assembly information 
of the state of the commonwealth, and recommend to their consideration such 
measures as he may judge expedient. 

Sect. 12. He may, on extraordinary occasions, convene the general assembly, 
and in case of disagreement between the two houses, with respect to the time of 
adjournment, adjourn them to such time as he shall think proper, not exceeding 
four months. He shall have power to convene the senate in extraordinary session, 
by proclamation, for the transaction of executive business. 

Sect. 13. In case of the death, conviction on impeachment, failure to qualify, 
resignation, or other disability of the governor, the powers, duties and emolu- 
ments of the office, for the remainder of the term, or until the disability be re- 
moved, shall devolve upon the lieutenant-governor. 

Sect. 14. In case of a vacancy in the office of lieutenant-governor, or when 
the lieutenant-governor shall be impeached by the house of representatives, or 
shall be unable to exercise the duties of his office, the powers, duties and emolu- 
ments thereof, for the remainder of the term, or until the disability be removed, 
shall devolve upon the president pro tempore of the senate; and the president 
pro tempore of the senate shall, in like manner, become governor, if a vacancy or 
disability shall occur in the office of governor; his seat as senator shall become 
vacant, whenever he shall become governor, and shall be filled by election, as any 
other vacancy in the senate. 

Sect. 15. Every bill which shall have passed both houses, shall be presented to 
the governor; if he approve, he shall sign it,(c) but if he shall not approve, he 

(a) The fines and penalties which he may prisoner may have been sentenced. Ex parte 
remit, are such only, as are now, or were McDonald, 2 Wh. 440. Schuylkill County 
originally payable to the state. Shoop v. v. Reifsnyder, 46 Penn. St. K. 446. But see 
Commonwealth, 3 Penn. St. R. 126. He Commonwealth v. Ahl, 43 Ibid. 53. A par- 
may remit a forfeited recognisance, after judg- don must be proved by the production of the 
ment for the use of the county. Common- warrant itself, or its loss must be accounted 
wealth v. Denniston, 9 W. 142. for. Spalding v. Saxton, 6 W. 338. And 

(b) He may pardon, as well before trial, see Commonwealth v. Ohio and Pennsylvania 
as after. Hatzfield v. Gulden, 7 W. 155. Railroad Co., 1 Grant 329. A pardon ob- 
York County v. Dalhousen, 45 Penn. St. R. tained by fraud maybe revoked, before actual 
372. Commonwealth v. Hitchman, 46 Ibid, delivery. Commonwealth v. Halloway, 44 
357. So, he may grant a conditional pardon. Penn. St. R. 210. Ex parte De Puy, 3 Ben. 
Howell's Case, 8 W. & S. 197. A pardon, 307. And see Commonwealth v. Ahl, 43 
although after sentence, is a release of all Penn. St. R. 57-9. Without words of resti- 
fines or imprisonment for the offence. Cope tution, a pardon does not restore a forfeited 
v. Commonwealth, 28 Penn. St. R. 297. Corn- estate. Aldrich v. Jessup, 3 Grant 158. 
monwealth v. Shissler, 2 Phila. 256. But (c) An act of assembly is passed, only when 
not of the costs, to the payment of which a it has gone through all the forms made neces- 



CONSTITUTION OF PENNSYLVANIA. xiii 

shall return it, with his objections, to the house in which it shall have originated, 
which house shall enter the objections at large upon their journal, and proceed to 
reconsider it. If, after such reconsideration, (a) two-thirds of all the members 
elected to that house shall agree to pass the bill, it shall be sent, with the objec- 
tions, to the other house, by which likewise it shall be reconsidered j and if ap- 
proved by two-thirds of all the members elected to that house, it shall be a law ; but 
in such cases, the votes of both houses shall be determined by yeas and nays, and 
the names of the members voting for and against the bill shall be entered on the 
journals of each house, respectively. If any bill shall not be returned by the 
governor, within ten days after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the general assembly, by 
their adjournment, prevent its return; in which case, it shall be a law, unless he 
shall file the same, with his objections, in the office of the secretary of the common- 
wealth, and give notice thereof, by public proclamation, within thirty days after 
such adjournment. 

Sect. 16. The governor shall have power to disapprove of any item or items 
of any bill making appropriations of money, embracing distinct items, and the 
part or parts of the bill approved shall be the law, and the item or items of ap- 
propriation disapproved shall be void, unless repassed according to the rules and 
limitations prescribed for the passage of other bills over the executive veto. 

Sect. 17. The chief justice of the supreme court shall preside upon the trial 
of any contested election of governor or lieutenant-governor, and shall decide 
questions regarding the admissibility of evidence, and shall, upon request of the 
committee, pronounce his opinion upon other questions of law involved in the 
trial. . The governor and lieutenant-governor shall exercise the duties of their 
respective offices, until their successors shall be duly qualified. 

Sect. 18. The secretary of the commonwealth shall keep a record of all 
official acts and proceedings of the governor, and, when required, lay the same, 
with all papers, minutes and vouchers relating thereto, before either branch of 
the general assembly; and perform such other duties as may be enjoined upon him 
by law. 

Sect. 19. The secretary of internal affairs shall exercise all the powers, and per- 
form all the duties of the surveyor-general, subject to such changes as shall be made 
by law. His department shall embrace a bureau of industrial statistics ; and he 
shall discharge such duties relating to corporations, to the charitable institutions, 
agricultural, manufacturing, mining, mineral, timber and other material or 
business interests of the state, as may be prescribed by law. He shall annually, 
and at such other times as may be required by law, make report to the general 
assembly. 

Sect. 20. The superintendent of public instruction shall exercise all the 
powers and perform all the duties of the superintendent of common schools, 
subject to such changes as shall be made by law. 

Sect. 21. The term of the secretary of internal affairs shall be four years; of 
the auditor-general, three years; and of the state treasurer, two years. These 
officers shall be chosen by the qualified electors of the state, at general elections. 
No person elected to the office of auditor-general or state treasurer shall be 
capable of holding the same office for two consecutive terms. 

Sect. 22. The present great seal of Pennsylvania shall be the seal of the state. 
All commissions shall be in the name and by authority of the commonwealth of 
Pennsylvania, and be sealed with the state seal, and signed by the governor. 

sary by the constitution, to give it force and governor for approval. People v. Devlin, 33 

validity as a binding rule of conduct for the N. Y. 269. 

citizen. Wartman v. Philadelphia, 33 Penn. (a) After a vote on the question of recon- 

St. R. 202. The governor may sign a bill, sideration, no further action can be had on 

after the adjournment of the legislature. Peo- the bill : the vote is a final one, and a motion 

pie v. Bowen, 21 N. Y. 517. One branch of to reconsider it, is notin order. Sank v. Phil- 

the legislature has no power, by resolution, adelphia, 4 Brewst. 133 ; s. c. 8 Phila. 117. 
to recall a bill, after it has been sent to the 



xiv CONSTITUTION OF PENNSYLVANIA. 

ARTICLE Y. 

OF THE JUDICIARY. 

Sect. 1. The judicial power of this commonwealth(a) shall be vested in a 
supreme court, in courts of common pleas, courts of oyer and terminer and gen- 
eral jail delivery, courts of quarter sessions of the peace, orphans' courts, magis- 
trates' courts, and in such other courts as the general assembly may, from time to 
time, establish. (b) 

Sect. 2. The supreme court shall consist of seven judges, who shall be elected 
by the qualified electors of the state at large. They shall hold their offices for 
the term of twenty-one years, if they so long behave themselves well, but shall 
not be again eligible. The judge whose commission shall first expire, shall be 
chief justice, and thereafter, each judge whose commission shall first expire, 
shall, in turn, be chief justice. 

Sect. 3. The jurisdiction of the supreme court shall extend over the state, (c) 
and the judges thereof shall, by virtue of their offices, be justices of oyer and 
terminer and general jail delivery in the several counties )(d) they shall have 
original jurisdiction in cases of injunction, where a corporation is a party de- 
fendant, of habeas corpus, of mandamus to courts of inferior jurisdiction, and of 
quo warranto as to all officers of the commonwealth whose jurisdiction extends over 
the state, but shall not exercise any other original jurisdiction ; they shall have ap- 
pellate jurisdiction, by appeal, certiorari or writ of error, in all cases, as is now or 
may hereafter be provided by law. 

Sect. 4. Until otherwise directed by law, the courts of common pleas shall 
continue as at present established, except as herein changed ;(e) not more than 
four counties shall, at any time, be included in one judicial district organized for 
said courts. 

Sect. 5. Whenever a county shall contain forty thousand inhabitants, it shall 
constitute a separate judicial district, and shall elect one judge learned in the law; 
and the general assembly shall provide for additional judges, as the business of 
the said district may require. Counties containing a population less than is suffi- 
cient to constitute separate districts, shall be formed into convenient single dis- 
tricts, or, if necessary, may be attached to contiguous districts, as the general as- 
sembly may provide. The office of associate judge, not learned in the law, is 
abolished, in counties forming separate districts j but the several associate judges 
in office when this constitution shall be adopted, shall serve for their unexpired 
terms, (g) 

Sect. 6. In the counties of Philadelphia and Allegheny, all the jurisdiction and 
powers now vested in the district courts and courts of common pleas, subject to 
such changes as may be made by this constitution, or by law, shall be, in Philadel- 
phia, vested in four, and in Allegheny, in two, distinct and separate courts of equal 
and co-ordinate jurisdiction, composed of three judges each; the said courts in 
Philadelphia shall be designated respectively as the court of common pleas num- 

(a) The legislature has no judicial power, wealth v. Hazen, 23 Penn. St. K. 355. The 

and therefore, cannot grant a new trial. De constitution invests the supreme court with 

Chastellux v. Fairchild, 15 Penn. St. R. 18. jurisdiction co-extensive with the state, and 

Ervine's Appeal, 16 Ibid. 267. Or, a review the legislature has no power to limit it, nor to 

of a decree of the orphans' court. Bagg's prohibit the court from issuing its process, at 

Appeal, 43 Ibid. 512. Hendrickson's Estate, any time, to all parts of the state. The 

19 Leg. Int. 372. And see Greenough v. division of the state into districts is merely 

Greenough, 11 Penn. St. R. 494. Nor can for the convenient transaction of business, 

they bind the courts by a declaratory law. Commonwealth v. Allegheny County, 37 

People v. Board of Supervisors, 16 N. Y. 424. Penn. St. R. 237. 

The legislature cannot abolish any of the (d) Each of the judges of the supreme court 

courts mentioned in this article. Common- has power to hold a court of oyer and termi- 

wealth v. Green, 58 Penn. St. R. 226. ner, in any county of the state. Common- 

(6) See Commonwealth v. Flanagan, 7 W. wealth v. Ickhoff, 33 Penn. St. R. 80. 

& S. 68. Commonwealth v. Zephon, 8 Ibid. (c) Commonwealth v. Martin, 2 Penn. St. 

382. Commonwealth v. Martin, 2 Penn. St. R. 244. 

R. 242. (g) They sit in all the courts, as heretofore. 

(c) The division of the state into districts, Case of Associate Judges, 3 Luz. Leg. Reg. 7. 
does not affect the jurisdiction. Common- 



CONSTITUTION OF PENNSYLVANIA. xv 

ber one, number two, number three, and number four, and in Allegheny, as the 
court of common pleas number one and number two ; but the number of said 
courts may be by law increased, from time to time, and shall be, in like manner, 
designated by successive numbers ; the number of judges in any of said courts, 
or in any county where the establishment of an additional court may be authorized 
by law, may be increased, from time to time; and whenever such increase shall 
amount in the whole to three, such three judges shall compose a distinct and sep- 
arate court as aforesaid, which shall be numbered as aforesaid. In Philadelphia, 
all suits shall be instituted in the said courts of common pleas, without designating 
the number of said court, and the several courts shall distribute and apportion 
the business among them, in such manner as shall be provided by rules of court; 
and each court, to which any suit shall be thus assigned, shall have exclusive ju- 
risdiction thereof, subject to change of venue, as shall be provided by law. In 
Allegheny, each. court shall have exclusive jurisdiction of all proceedings at law 
and in equity, commenced therein, subject to change of venue, as may be provided 
by law. 

Sect. 7. For Philadelphia, there shall be one prothonotary's office, and one pro- 
thonotary for all said courts, to be appointed by the judges of said courts, and to 
hold office for three years, subject to removal by a majority of the said judges ; 
the said prothonotary shall appoint such assistants as may be necessary and au- 
thorized by said courts ; and he and his assistants shall receive fixed salaries, to 
be determined by law and paid by said county ; all fees collected in said office, 
except such as may be by law due to the commonwealth, shall be paid by the pro- 
thonotary into the county treasury. Each court shall have its separate dockets, 
except the judgment-docket, which shall contain the judgments and liens of all 
the said courts, as is or may be directed by law. 

Sect. 8. The said courts in the counties of Philadelphia and Allegheny, re- 
spectively, shall, from time to time, in turn, detail one or more of their judges to 
hold the courts of oyer and terminer, and the courts of quarter sessions of the 
peace of said counties, in such manner as may be directed by law. 

Sect. 9. Judges of the courts of common pleas learned in the law shall be 
judges of the courts of oyer and terminer, quarter sessions of the peace and gen- 
eral jail delivery, and of the orphans' court; and within their respective districts, 
shall be justices of the peace as to criminal matters. (a) 

Sect. 10. The judges of the courts of common pleas, within their respective 
counties, shall have power to issue writs of certiorari to justices of the peace and 
other inferior courts not of record, and to cause their proceedings to be brought 
before them, and right and justice to be done. (5) 

Sect. 11. Except as otherwise provided in this constitution, justices of the 
peace or aldermen shall be elected in the several wards, districts, boroughs and 
townships, at the time of the election of constables, by the qualified electors 
thereof, in such manner as shall be directed by law, and shall be commissioned 
by the governor for a term of five years. No township, ward, district or borough 
shall elect more than two justices of the peace or aldermen, without the consent 
of a majority of the qualified electors within such township, ward or borough; 
no person shall be elected to such office, unless he shall have resided within the 
township, borough, ward or district, for one year next preceding his election. In 
cities containing over fifty thousand inhabitants, not more than one alderman shall 
be elected in each ward or district. 

Sect. 12. In Philadelphia, there shall be established, for each thirty thousand 
inhabitants, one court, not of record, of police and civil causes, with jurisdiction 
not exceeding one hundred dollars ; such courts shall be held by magistrates, 
whose term of office shall be five years, and they shall be elected on general 

(a) A new power was hereby intended to powers were secured to them by the constitu- 
te superadded to their offices, but the judges tion. Respublica v. Cobbet, 3 Y. 96. 
of the supreme court were invested with the (6) The writ of certiorari may issue from 
like power by the provincial act of 1722, the common pleas wherever a new jurisdiction 
which conferred upon them all the powers of is conferred upon magistrates, and the pro- 
the justices of the court of King's Bench in ceeding is summary. Wilt v. Philadelphia 
England, who are justices of the peace and Lancaster Turnpike Co., 1 Brewst. 411. 
throughout the kingdom, ex officio. And these 



xvi CONSTITUTION OF PENNSYLVANIA. 

ticket, by the qualified voters at large ; and in the election of the said magistrates, 
no voter shall vote for more than two-thirds of the number of persons to be elected, 
when more than one are to be chosen ; they shall be compensated only by fixed 
salaries, to be paid by said county; and shall exercise such jurisdiction, civil and 
criminal, except as herein provided, as is now exercised by aldermen, subject to 
such changes, not involving an increase of civil jurisdiction or conferring political 
duties, as may be made by law. In Philadelphia, the office of alderman is abol- 
ished. 

Sect. 18. All fees, fines and penalties in said courts shall be paid into the 
county treasury. 

Sect. 14. In all cases of summary conviction in this commonwealth, or of judg- 
ment in suit for a peualty, before a magistrate, or court not of record, either party 
may appeal to such court of record as may be prescribed by law, upon allowance 
of the appellate court, or judge thereof, upon cause shown. 

Sect. 15. All judges required to be learned in the law, except the judges of 
the supreme court, shall be elected by the qualified electors of the respective 
districts over which they are to preside,(a) and shall hold their offices for the 
period of ten years, if they shall so long behave themselves well;(6) but for any 
reasonable cause, which shall not be sufficient ground for impeachment, the gov- 
ernor may remove any of them, on the address of two-thirds of each house of the 
general assembly. 

Sect. 16. Whenever two judges of the supreme court are to be chosen for the 
same term of service, each voter shall vote for one only, and when three are to be 
chosen, he shall vote for no more than two ; candidates highest in vote shall be 
declared elected. 

Sect. 17. Should any two or more judges of the supreme court, or any two 
or more judges of the court of common pleas for the same district, be elected at 
the same time, they shall, as soon after the election as convenient, cast lots for 
priority of commission, and certify the result to the governor, who shall issue 
their commissions in accordance therewith. 

Sect. 18. The judges of the supreme court and the judges of the several 
courts of common pleas, and all other judges required to be learned in the law, 
shall, at stated times, receive for their services, an adequate compensation, which 
shall be fixed by law, and paid by the state. (c) They shall receive no other 
compensation, fees or perquisites of office, for their services, from any source ; nor 
hold any other office of profit under the United States, this state or any other 
state, (d) 

Sect. 19. The judges of the supreme court, during their continuance in office, 
shall reside within this commonwealth ; and the other judges, during their con- 
tinuance in office, shall reside within the districts for which they shall be respec- 
tively elected. 

Sect. 20. The several courts of common pleas, besides the powers herein con- 
ferred, shall have and exercise, within their respective districts, subject to such 
changes as may be made by law, such chancery powers as are now vested by law 
in the several courts of common pleas of this commonwealth, or as may hereafter 
be conferred upon them by law.(c) 

Sect. 21. No duties shall be imposed by law upon the supreme court or any 
of the judges thereof, except such as are judicial; nor shall any of the judges 
thereof exercise any power of appointment, except as herein provided. The 

(a) The legislature cannot constitutionally salary has been increased since his appoint- 

provide that a judge elected by the people ment ; neither can they impose a state tax 

shall be ex officio judge of a new court, with upon his salary, to be deducted at the treasury, 

a different territorial jurisdiction. Common- before payment. Commonwealth v. Mann, 5 

wealth v. Conyngham, 65 Penn. St. R. 76. W. & S. 403. 

(6) The legislature cannot abolish a judicial (d) See Shepherd v. Commonwealth, IS. 

district, and thus legislate out of office the & R. 1. 

president judge, before the expiration of his (e) The legislature cannot vest the determi- 

term. Commonwealth v. Gamble, 62 Penn. nation of legal rights in a court of equity, so 

St. R. 343/ as to exclude the constitutional right of trial 

(c) The legislature cannot diminish the by jury. North Pennsylvania Coal Co. v. 

compensation of a president judge, whose Snowden, 42 Penn. St. R. 488. 



CONSTITUTION OF PENNSYLVANIA. xvii 

court of nisi prius is hereby abolished ; and no court of original jurisdiction, to be 
presided over by any one or more of the judges of the supreme court, shall be 
established. 

Sect. 22. In every county wherein the population shall exceed one hundred 
and fifty thousand, the general assembly shall, and in any other county, may, es- 
tablish a separate orphans' court, to consist of one or more judges, who shall be 
learned in the law; which court shall exercise all the jurisdiction and powers now 
vested in, or which may hereafter be conferred upon the orphans' courts ; and there- 
upon, the jurisdiction of the judges of the court of common pleas within such 
county, in orphans' court proceedings, shall cease and determine. In any county 
in which a separate orphans' court shall be established, the register of wills shall 
be clerk of such court, and subject to its directions, in all matters pertaining to 
his office ; he may appoint assistant clerks, but only with the consent and approval 
of said court. All accounts filed with him as register, or as clerk of the said 
separate orphans' court, shall be audited by the court, without expense to parties, 
except where all parties in interest in a pending proceeding shall nominate an 
auditor, whom the court may, in its discretion, appoint. In every county, orphans' 
courts shall possess all the powers and jurisdiction of a register's court; and 
separate registers' courts are hereby abolished. 

Sect. 23. The style of all process shall be " The Commonwealth of Pennsyl- 
vania."^) All prosecutions shall be carried on in the name, and by the authority 
of the Commonwealth of Pennsylvania, and conclude " against the peace and 
dignity of the same." (b) 

Sect. 24. In all cases of felonious homicide, and in such other criminal 
cases as may be provided for by law, the accused, after conviction and sentence, 
may remove the indictment, record and all proceedings, to the supreme court, for 
review. 

Sect, 25. Any vacancy happening by death, resignation or otherwise, in any 
court of record, shall be filled by appointment, by the governor, to continue till 
the first Monday of January next succeeding the first general election, which 
shall occur three or more months after the happening of such vacancy. (c) 

Sect. 26. All laws relating to courts shall be general, and of uniform oper- 
ation, and the organization, jurisdiction and powers of all courts of the same class 
or grade, so far as regulated by law, and the force and effect of the process and 
judgments of such courts, shall be uniform ; and the general assembly is hereby 
prohibited from creating other courts, to exercise the powers vested by this con- 
stitution in the judges of the courts of common pleas and orphans' courts. 

Sect. 27. The parties, by agreement filed, may, in any civil case, dispense with 
trial by jury, and submit the decision of such case to the court having jurisdiction 
thereof, and such court shall hear and determine the same; and the judgment 
thereon shall be subject to writ of error, as in other cases. 

ARTICLE VI. 
OP impeachment and removal prom office. 

Sect. 1. The house of representatives shall have the sole power of impeach- 
ment. 

Sect. 2. All impeachments shall be tried by the senate ;(d) when sitting for 
that purpose, the senators shall be upon oath or affirmation ; no person shall be 
convicted without the concurrence of two-thirds of the members present. 

(a) Process must go in the name of the eminent and dignity of the same," is defective. 

Commonwealth of Pennsylvania ; but it is Commonwealth v. Jackson, 1 Gr. 262-3. 
immaterial, in what part of the precept the (c) See Commonwealth v. Maxwell, 27 

commonwealth is introduced, so that the com- Penn. St. R. 44. People y. Cowles, 13 N. 

mand be given in its name. White v. Com- Y. 350. 
mon wealth, 6 Binn. 184. (d) A member of the house of representa- 

(6) The proper conclusion of an indictment tives, who votes in favor of prosecuting an 

is, " against the peace and dignity of the com- impeachment, is not, thereby, disqualified, if 

monwealth of Pennsylvania." Common- subsequently elected a senator, from sitting 

wealth v. Rogers, 5 S. & R. 463. A conclu- on the trial thereof. Addison's Trial 21-8. 

sion "against the peace of the state, the gov- Porter's Trial 53. 

B 



xviii CONSTITUTION OF PENNSYLVANIA. 

Sect. 3. The governor and all other civil officers shall be liable to impeach- 
ment for any misdemeanor in office; (a) but judgment in such cases shall not 
extend further than to removal from office, and disqualification to hold any office 
of trust or profit under this commonwealth ; the person accused, whether con- 
victed or acquitted, shall, nevertheless, be liable to indictment, trial, judgment 
and punishment, according to law. 

Sect. 4. All officers shall hold their offices on the condition that they behave 
themselves well while in office, and shall be removed, on conviction of misbehavior 
in office, or of any infamous crime. (6) Appointed officers, other than judges of 
the courts of record, and the superintendent of public instruction, may be re- 
moved, at the pleasure of the power by which they shall have been appointed. 
All officers elected by the people, except governor, lieutenant-governor, members 
of the general assembly, and judges of the courts of record, learned in the law, 
shall be removed by the governor, for reasonable cause, after due notice and full 
hearing, on the address of two-thirds of the senate. 

ARTICLE VII. 

OF THE OATH OP OFFICE. 

Sect. 1. Senators and representatives, and all judicial, (c) state and county 
officers, shall, before entering on the duties of their respective offices, take and 
subscribe the following oath or affirmation : " I do solemnly swear (or affirm) that 
I will support, obey and defend the constitution of the United States, and the 
constitution of this commonwealth, and that I will discharge the duties of my 
office with fidelity j that I have not paid or contributed, or promised to pay or 
contribute, either directly or indirectly, any money or other valuable thing, to 
procure my nomination or election (or appointment), except for necessary and 
proper expenses expressly authorized by law ; that I have not knowingly violated 
any election law of this commonwealth, or procured it to be done by others in my 
behalf; that I will not knowingly receive, directly or indirectly, any money or 
other valuable thing for the performance or non-performance of any act or duty 
pertaining to my office, other than the compensation allowed by law." 

The foregoing oath shall be administered by some person authorized to admin- 
ister oaths, and in the case of state officers and judges of the supreme court, shall 
be filed in the office of the secretary of the commonwealth, and in the case of 
other judicial and county officers, in the office of the prothonotary of the county 
in which the same is taken ; any person refusing to take said oath or affirma- 
tion, shall forfeit his office ; and any person who shall be convicted of having 
sworn or affirmed falsely, or of having violated said oath or affirmation, shall be 
guilty of perjury, and be for ever disqualified from holding any office of trust or 
profit within this commonwealth. The oath to the members of the senate and 
house of representatives, shall be administered by one of the judges of the 
supreme court, or of a court of common pleas learned in the law, in the hall of 
the house to which the members shall be elected. 

(a) A president judge is liable to impeach- 338. A conviction for misbehavior in office, 

ment, for preventing one of his associates from requires the removal of the officer convicted, 

delivering his opinion to a grand or petit jury, and this must be part of the judgment. Com- 

upon a matter before the court. Addison's monwealth v. Harris, 1 Leg. Gaz. R. 455. 

Trial 16, 17, 114, 151. The presiding judge (c) See Eakin v. Raub, 12 S. & R. 353. 

is the proper organ of the court, to express It is from this clause, the courts derive their 

its opinion ; but each member has a right, and power to declare an act of assembly to be 

it is his duty, to deliver his sentiments upon unconstitutional.' Emerick v. Harris, 1 Binn. 

every subject that occurs in court. Ibid. 114. 416. It is the duty of the court, to declare 

Commonwealth v. Addison, 4 D. 225. See an act of assembly to be void, if it be a mani- 

Porter's Trial 61. fest breach of the constitution. Eakin v. 

(6) A conviction of the offence of bribing Raub, 12 S. & R. 330. But nothing short 

an elector to vote for him, does not disqualify of that, will justify them in so doing. Penn- 

a sheriff from exercising the duties of his sylvania Railroad Co. v. Riblet, 66 Penn. St. 

office. Commonwealth v. Shaver, 3 W. & S. R. 164. 



CONSTITUTION OF PENNSYLVANIA. xix 

ARTICLE VIII. 

OF SUFFRAGE AND ELECTIONS. 

Sect. 1. Every male citizen, twenty-one years of age, possessing the following 
qualifications, shall be entitled to vote at all elections :(a) 

I. He shall have been a citizen of the United States at least one month. 

II. He shall have resided in the state one year (or if, having previously 
been a qualified elector or native-born citizen of the state, he shall have removed 
therefrom and returned, then six months) immediately preceding the election. 

III. He shall have resided in the election district where he shall offer to 
vote at least two months immediately preceding the election. 

IV. If twenty-two years of age or upwards, he shall have paid, within two 
years, a state or county tax, which shall have been assessed at least two months, 
and paid at least one month before the election. (6) 

Sect. 2. The general election shall be held annually on the Tuesday next fol- 
lowing the first Monday of November ; but the general assembly may by law fix a 
different day, two-thirds of all the members of each house consenting thereto. 

Sect. 3. All elections for city, ward, borough and township officers, for regular 
terms of service, shall be held on the third Tuesday of February. 

Sect. 4. All elections by the citizens shall be by ballot. Every ballot voted 
shall be numbered in the order in which it shall be received, and the number re- 
corded by the election officers on the list of voters, opposite the name of the 
elector who presents the ballot. Any elector may write his name upon his ticket, 
or cause the same to be written thereon, and attested by a citizen of the district. 
The election officers shall be sworn or affirmed not to disclose how any elector shall 
have voted, unless required to do so as witnesses in a judicial proceeding. 

Sect. 5. Electors shall in all cases, except treason, felony and breach or surety 
of the peace, be privileged from arrest, during their attendance on elections, and 
in going to and returning therefrom. 

Sect. 6. Whenever any of the qualified electors of this commonwealth shall 
be in actual military service, under a requisition from the president of the United 
States, or by the authority of this commonwealth, such electors may exercise the 
right of suffrage, in all elections by the citizens, under such regulations as are or 
shall be prescribed by law, as fully as if they were present at their usual places 
of election. 

Sect. 7. All laws regulating the holding of elections by the citizens, or for the 
registration of electors, shall be uniform throughout the' state ; but no elector shall 
be deprived of the privilege of voting by reason of his name not being regis- 
tered. 

Sect. 8. Any person who shall give, or promise or offer to give, to an elector, 
any money, reward or other valuable consideration, for his vote at an election, or 
for withholding the same, or who shall give, or promise to give, such consideration 
to any other person or party, for such elector's vote, or for the withholding there- 
of, and any elector who shall receive, or agree to receive, for himself or for another, 
any money, reward or other valuable consideration, for his vote at an election, or 
for withholding the same, shall thereby forfeit the right to vote at such election ; 
and any elector whose right to vote shall be challenged for such cause, before the 
election officers, shall be required to swear or affirm that the matter of the chal- 
lenge is untrue, before his vote shall be received. 

Sect. 9. Any person who shall, while a candidate for office, be guilty of bri- 
bery, fraud or wilful violation of any election law, shall be for ever disqualified 
from holding an office of trust or profit in this commonwealth ; and any person 
convicted of wilful violation of the election laws, shall, in addition to any penal- 

(a) No constitutional qualification of a (6) It must have been assessed upon the 

voter can be abridged, added to, or altered by elector individually ; but, it seems, that it is 

legislation. Page v. Allen, 58 Penn. St. R. not required that it should be a poll-tax. 

338. McCafferty v. Guyer, 59 Ibid. 109. Catlin v. Smith, 2 S. & R. 267. And see 

Thompson v. Ewing, 1 Brewst. 103. State Thompson v. Ewing, 1 Brewst. 102-3. 
v. Adams, 2 Stew. 239. 



xx CONSTITUTION OF PENNSYLVANIA. 

ties provided by law, be deprived of the right of suffrage absolutely, for a term 
of four years. 

Sect. 10. In trials of contested elections, and in proceedings for the investiga- 
tion of elections, no person shall be permitted to withhold his testimony, upon the 
ground that it may criminate himself, or subject him to public infamy ; but such 
testimony shall not afterwards be used against him, in any judicial proceeding, 
except for perjury in giving such testimony. 

Sect. 11. Townships, and wards of cities or boroughs, shall form or be divided 
into election districts of compact and contiguous territory, in such manner as the 
court of quarter sessions of the city or county in which the same are located may 
direct : but districts in cities of over one hundred thousand inhabitants shall be 
divided by the courts of quarter sessions, having jurisdiction therein, whenever, 
at the next preceding election, more than two hundred and fifty votes shall have 
been polled therein ; and other election districts, whenever the court of the proper 
county shall be of opinion, that the convenience of the electors and the public 
interests will be promoted thereby. 

Sect. 12. All elections by persons in a representative capacity shall be vivci 
voce. 

Sect. 13. For the purpose of voting, no person shall be deemed to have gained 
a residence, by reason of his presence, or lost it, by reason of his absence,- while 
employed in the service, either civil or military, of this state or of the United 
States, nor while engaged in the navigation of the waters of the state or of the 
United States, or on the high seas, nor while a student of any institution of 
learning, nor while kept in any poor-house or other asylum, at public expense, 
nor while confined in public prison. 

Sect. 14. District election boards shall consist of a judge and two inspectors, 
who shall be chosen annually by the citizens. Each elector shall have the right 
to vote for the judge and one inspector, and each inspector shall appoint one 
clerk. The first election board for any new district shall be selected, and vacan- 
cies in election boards filled, as shall be provided by law. Election officers shall 
be privileged from arrest, upon days of election, and while engaged in making up 
and transmitting returns, except upon warrant of a court of record or judge 
thereof, for an election fraud, for felony, or for wanton breach of the peace. In 
cities, they may claim exemption from jury duty, during their terms of service. 

Sect. 15. No person shall be qualified to serve as an election officer, who shall 
hold, or shall, within two months, have held any office, appointment or employ- 
ment in or under the government of the United States or of this state, or of any 
city or county, or of any municipal board, commission or trust, in any city, save 
only justices of the peace and aldermen, notaries public, and persons in the militia 
service of the state ; nor shall any election officer be eligible to any civil office, to 
be filled at an election at which he shall serve, save only to such subordinate 
municipal or local offices, below the grade of city or county offices, as shall be 
designated by general law. 

Sect. 16. The courts of common pleas of the several counties of the common- 
wealth shall have power, within their respective jurisdictions, to appoint over- 
seers of elections, to supervise the -proceedings of election officers, and to make 
report to the court as may be required ; such appointments to be made for any 
district in a city or county, upon petition of five citizens, lawful voters of such 
election district, setting forth that such appointment is a reasonable precaution 
to secure the purity and fairness of elections ; overseers shall be two in number, 
for an election district, shall be residents therein, and shall be persons qualified 
to serve upon election boards, and in each case, members of different political 
parties; whenever the members of an election board shall differ in opinion, the 
overseers, if they shall be agreed thereon, shall decide the question of difference ; 
in appointing overseers of election, all the law judges of the proper court, able 
to act at the time, shall concur in the appointments made. 

Sect. 17. The trial and determination of contested elections of electors of 
president and vice-president, members of the general assembly, and of all public 
officers, whether state, judicial, municipal or local, shall be by the courts of law, 
or by one or more of the law judges thereof; the general assembly shall, by gen- 



CONSTITUTION OF PENNSYLVANIA. xxi 

eral law, designate the courts and judges by whom the several classes of election 
contests shall be tried, and regulate the manner of trial, and all matters incident 
thereto ; but no such law assigning jurisdiction, or regulating its exercise, shall 
apply to any contest arising out of an election held before its passage. 

ARTICLE IX. 

OP TAXATION AND FINANCE. 

Sect. 1. All taxes shall be uniform upon the same class of subjects, within the 
territorial limits of the authority levying the tax, and shall be levied and col- 
lected under general laws; but the general assembly may, by general laws, exempt 
from taxation public property used for public purposes, actual places of religious 
worship, places of burial not used or held for private or corporate profit, and in- 
stitutions of purely public charity. 

Sect. 2. All laws exempting property from taxation, other than the property 
above enumerated, shall be void. 

Sect. 3. The power to tax corporations and corporate property shall not be sur- 
rendered or suspended, by any contract or grant to which the state shall be a 
party. 

Sect. 4. No debt shall be created by or on behalf of the state, except to 
supply casual deficiencies of revenue, repel invasion, suppress insurrection, defend 
the state in war, or to pay # existing debt; and the debt created to supply defi- 
ciencies in revenue, shall never exceed, in the aggregate, at any one time, one 
million of dollars. 

Sect. 5. All laws authorizing the borrowing of money by and on behalf of the 
state, shall specify the purpose for which the money is to be used ; and the money 
so borrowed shall be used for the purpose specified, and no other. 

Sect. 6. The credit of the commonwealth shall not be pledged or loaned to 
any individual, company, corporation or association ; nor shall the commonwealth 
become a joint-owner or stockholder in any company, association or corporation. 

Sect. 7. The general assembly shall not authorize any county, city, borough, 
township or incorporated district to become a stockholder in any company, asso- 
ciation or corporation, or to obtain or appropriate money for, or to loan its credit 
to, any corporation, association, institution or individual. (a) 

Sect. 8. The debt of any county, city, borough, township, school district or 
other municipality or incorporated district, except as herein provided, shall never 
exceed seven per centum upon the assessed value of the taxable property therein, 
nor shall any such municipality or district incur any new debt, or increase its 
indebtedness, to an amount exceeding two per centum upon such assessed valu- 
ation of property, without the assent of the electors thereof, at a public election, 
in such manner as shall be provided by law : but any city, the debt of which now 
exceeds seven per centum of such assessed valuation, may be authorized by law 
to increase the same three per centum, in the aggregate, at any one time, upon 
such valuation. 

Sect. 9. The commonwealth shall not assume the debt, or any part thereof, of 
any city, county, borough or township, unless sueh debt shall have been contracted 
to enable the state to repel invasion, suppress domestic insurrection, defend itself 
in time of war, or to assist the state in the discharge of any portion of its present 
indebtedness. 

Sect. 10. Any county, township, school district or other municipality, incur- 
ring any indebtedness, shall, at or before the time of so doing, provide for the 
collection of an annual tax sufficient to pay the interest, and also the principal 
thereof within thirty years. 

Sect. 11. To provide for the payment of the present state debt, and any addi- 
tional debt contracted as aforesaid, the general assembly shall continue and main- 
tain the sinking fund, sufficient to pay the accruing interest on such debt, and 

(a) See Pennsylvania Railroad Co. v. impending draft, is not forbidden by this sec- 
Philadelphia, 47 Penn. St. R. 189. An act tion. Speer v. School Directors, 50 Penn. 
authorizing the imposition of a tax, for the St. R. 150. 
payment of bounties to volunteers, to fill an 



xxii CONSTITUTION OF PENNSYLVANIA. 

annually to reduce the principal thereof, by a sum not less than two hundred and 
fifty thousand dollars ; the said sinking fund shall consist of the proceeds of the 
sales of the public works or any part thereof, and of the income or proceeds of 
the sale of any stocks owned by the commonwealth, together with other funds, 
and resources that may be designated by law, and shall be increased from time to 
time, by assigning to it any part of the taxes or other revenues of the state not 
required for the ordinary and current expenses of government; and unless in 
case of war, invasion or insurrection, no part of the said sinking fund shall be 
used or applied otherwise than in the extinguishment of the public debt. 

Sect. 12. The moneys of the state, over and above the necessary reserve, shall 
be used in the payment of the debt of the state, either directly or through the 
sinking fund ; and the moneys of the sinking fund shall never be invested in or 
loaned upon the security of anything, except the bonds of the United States or 
of this state. 

Sect. 13. The moneys held as necessary reserve shall be limited by law to the 
amount required for current expenses, and shall be secured and kept as may be 
provided by law. Monthly statements shall be published, showing the amount of 
such moneys, where the same are deposited, and how secured. 

Sect. 14. The making of profit out of the public moneys, or using the same 
for any purpose not authorized by law, by any officer of the state, or member or 
officer of the general assembly, shall be a misdemeanor, and shall be punished 
as may be provided by law ; but part of such punishment shall be disqualification 
to hold office for a period of not less than five years. 

ARTICLE X. 

OF EDUCATION. 

Sect. 1. The general assembly shall provide for the maintenance and support 
of a thorough and efficient system of public schools, wherein all the children of 
this commonwealth, above the age of six years, may be educated, and shall appro- 
priate at least one million dollars each year for that purpose. 

Sect. 2. No money raised for the support of the public schools of the com- 
monwealth, shall be appropriated to or used for the support of any sectarian 
school. 

Sect. 3. Women twenty-one years of age and upwards, shall be eligible to any 
office of control or management under the school laws of this state. 

ARTICLE XI. 

OF THE MILITIA. 

Sect. 1. The freemen of this commonwealth shall be armed, organized and 
disciplined for its defence, when and in such manner as may be directed by law. 
The general assembly shall provide for maintaining the militia, by appropriations 
from the treasury of the commonwealth ; and may exempt from military service, 
persons having conscientious scruples against bearing arms. 

ARTICLE XII. 

OF PUBLIC OFFICERS. 

Sect. 1. All officers, whose selection is not provided for in this constitution, 
shall be elected or appointed as may be directed by law. 

Sect. 2. No member of congress from this state, nor any person holding or 
exercising any office or appointment of trust or profit under the United States, 
shall, at the same time,(«) hold or exercise any office in this state, to which a salary, 
fees or perquisites shall be attached. The general assembly may by law declare 
what offices are incompatible. (b) 

(a) See Commonwealth v. Binns, 17 S. & (6) Under the act of 16 April 1838, a 
R. 228-30. Commonwealth v. Dallas, 4 Dali. deputy-marshal of the United States is incom- 
229. Duffield's Case, Bright. Elect. Cas. 655. petent to hold the office of commissioner of 



CONSTITUTION OF PENNSYLVANIA. xxiii 

Sect. 3. Any person who shall fight a duel, or send a challenge for that pur- 
pose, or be aider or abettor in fighting a duel, shall be deprived of the right of 
holding any oflice of honor or profit in this state, and may be otherwise punished 
as shall be prescribed by law. 

ARTICLE XIII. 

OF NEW COUNTIES. 

Sect. 1. No new county shall be established which shall reduce any county to 
less than four hundred square miles, or to less than twenty thousand inhabitants; 
nor shall any county be formed of less area, or containing a less population ;(a) 
nor shall any line thereof pass within ten miles of the county seat of any county 
proposed to be divided. 

ARTICLE XIV. 

OF COUNTY OFFICERS. 

Sect. 1. County officers shall consist of sheriffs, coroners, prothonotaries, regis- 
ters of wills, recorders of deeds, commissioners, treasurers, surveyors, auditors 
or controllers, clerks of the courts, district-attorneys, and such others as may, from 
time to time, be established by law ; and no sheriff or treasurer shall be eligible 
for the term next .succeeding the one for which he may be elected. 

Sect. 2. County officers shall be elected at the general elections, and shall hold 
their offices for the term of three years, beginning on the first Monday of January 
next after their election, and until their successors shall be duly qualified ; all 
vacancies not otherwise provided for, shall be filled in such manner as may be pro- 
vided by law. 

Sect. 3. No person shall be appointed to any office within any county, who shall 
not have been a citizen and an inhabitant therein one year next before his ap- 
pointment, if the county shall have been so long erected ; but if it shall not have 
been so long erected, then within the limits of the county or counties out of which 
it shall have been taken. 

Sect. 4. Prothonotaries, clerks of the courts, recorders of deeds, registers of 
wills, county-surveyors and sheriffs shall keep their offices in the county town of 
the county in which they respectively shall be officers. 

Sect. 5. The compensation of county officers shall be regulated by law, and 
all county officers who are or may be salaried, shall pay all fees which they maybe 
authorized to receive, into the treasury of the county or state, as may be directed 
by law. In counties containing over one hundred and fifty thousand inhabitants, 
all county officers shall be paid by salary ; and the salary of any such officer and 
his clerks, heretofore paid by fees, shall not exceed the aggregate amount of fees 
earned during his term and collected by or for him. 

Sect. 6. The general assembly shall provide by law for the strict accountability 
of all county, township and borough officers, as well for the fees which may be 
collected by them, as for all public or municipal moneys which may be paid to 
them. 

Sect. 7. Three county commissioners and three county auditors 'shall be elected 
in each county where such officers are chosen, in the year 1875, and every third 
year thereafter; and in the election of said officers, each qualified elector shall vote 
for no more than two persons, and the three persons having the highest number 
of votes shall be elected ; any casual vacancy in the office of county commissioner 
or county auditor shall be filled by the court of common pleas of the county in 
which such vacancy shall occur, by the appointment of an elector of the proper 
county, who shall have voted for the commissioner or auditor whose place is to be 
filled. 

an incorporated district, although there be no (a) See Rumsey v. People, 19 N. Y. 41. 
fees or perquisites annexed to the oflice. Com- De Camp v. Eveland, 19 Barb. 81. 
monwealth v. Ford, 5 Penn. St. R. 67. 



xxiv CONSTITUTION OF PENNSYLVANIA. 

ARTICLE XY. 

OF CITIES AND CITY CHARTERS. 

Sect. 1. Cities may be chartered, whenever a majority of the electors of any 
town or borough, having a population of at least ten thousand, shall vote, at any 
general election, in favor of the same. 

Sect. 2. No debt shall be contracted or liability incurred by any municipal 
commission, except in pursuance of an appropriation previously made therefor by 
the municipal government. 

Sect. 3. Every city shall create a sinking fund, which shall be inviolably 
pledged for the payment of its funded debt. 

ARTICLE XYI. 

OF PRIVATE CORPORATIONS. 

Sect. 1. All existing charters, or grants of special or exclusive privileges, 
under which a bond fide organization shall not have taken place, and business 
been commenced in good faith, at the time of the adoption of this constitution, 
shall thereafter have no validity. 

Sect. 2. The general assembly shall not remit the forfeiture of the charter of 
any corporation now existing, or alter or amend the same, or pass any other 
general or special law for the benefit of such corporation, except upon the con- 
dition that such corporation shall thereafter hold its charter subject to the pro- 
visions of this constitution. 

Sect. 3. The exercise of the right of eminent domain shall never be abridged, 
or so construed as to prevent the general assembly from taking the property and 
franchises of incorporated companies, and subjecting them to public use, the same 
as the property of individuals; and the exercise of the police power of the state 
shall never be abridged, or so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of individuals or the gen- 
eral well-being of the state. 

Sect. 4. In all elections for directors or managers of a corporation, each member 
or shareholder may cast the whole number of his votes for one candidate, or dis- 
tribute them upon two or more candidates, as he may prefer. 

Sect. 5. No foreign corporation shall do any business in this state, without 
having one or more known places of business, and an authorized agent or agents 
in the same, upon whom process may be served. 

Sect. 6. No corporation shall engage in any business other than that expressly 
authorized in its charter; nor shall it take or. hold any real estate, except such as 
may be necessary and proper for its legitimate business. 

Sect. 7. No corporation shall issue stocks or bonds, except for money, labor 
done, or money or property actually received ; and all fictitious increase of stock 
or indebtedness shall be void. The stock and indebtedness of corporations shall 
not be increased, except in pursuance of general law, nor without the consent of 
the persons holding the larger amount in value of the stock, first obtained, at a 
meeting to be held, after sixty days' notice, given in pursuance of law. 

Sect. 8. Municipal and other corporations and individuals invested with the 
privilege of taking private property for public use, shall make just compensation 
for property taken, injured or destroyed by the construction or enlargement of 
their works, highways or improvements, which compensation shall be paid or 
secured before such taking, injury or destruction. (a) The general assembly is 

(a) When private property is taken for gahela Navigation Co. v. Coons, 6 W. & S. 

public use, it is not necessary, that the com- 11.3. Mifflin v. Railroad Co., 16 Penn. St. 

pensation to the owner should be actually as- R. 192-3. Heston v. Canal Commissioners, 

certained and paid before the property is ap- Bright. 183. See art. I. § 10. When the 

propriated ; but it is sufficient, if an adequate commonwealth exercises the power of eminent 

remedy be provided, by which he can obtain domain, it must provide the means of payment, 

compensation, without any unreasonable delay, before taking the property ; but a corporation 

Commonwealths. Wood, 10 Penn. St. R. 97. or individual must pay or secure its price. 

Harrisburg v. Crangle, 3 W. & S. 460. McClinton v. Pittsburgh, Fort Wayne and 

Crangle v. Harrisburg, 1 Penn. St. R. 132 Chicago Railway Co., 66 Penn. St. R. 404. 
Menges u. Wartman, Ibid. 218. Monon- 



CONSTITUTION OF PENNSYLVANIA. xxv 

hereby prohibited from depriving any person of an appeal from any preliminary 
assessment of damages against any such corporations or individuals, made by 
viewers or otherwise ; and the amount of such damages, in all cases of appeal, 
shall, on the demand of either party, be determined by a jury, according to the 
course of the common law. 

Sect. 9. Every banking law shall provide for the registry and countersigning, 
by an officer of the state, of all notes or bills designed for circulation ; and that 
ample security to the full amount thereof, shall be deposited with the auditor- 
general, for the redemption of such notes or bills. 

Sect. 10. The general assembly shall have the power to alter, revoke or annul 
any charter of incorporation now existing, and revocable at the adoption of this 
constitution, or any that may hereafter be created, whenever, in their opinion, it 
may be injurious to the citizens of this commonwealth, in such manner, however, 
that no injustice shall be done to the corporators. (a) No law hereafter enacted 
shall create, renew or extend the charter of more than one corporation. (b) 

Sect. 11. No corporate body to possess banking and discounting privileges, (c) 
shall be created or organized, in pursuance of any law, without three months pre- 
vious public notice, at the place of the intended location, of the intention to 
apply for such privileges, in such manner as shall be prescribed by law ; nor shall 
a charter for such privilege be granted for a longer period than twenty years. 

Sect. 12. Any association or corporation organized for the purpose, or any 
individual, shall have the right to construct and maintain lines of telegraph 
within this state, and to connect the same with other lines ; and the general 
assembly shall, by general law, of uniform operation, provide reasonable regula- 
tions to give full effect to this section. No telegraph company shall consolidate 
with, or hold a controlling interst in the stock or bonds of any other telegraph 
company, owning a competing line, or acquire, by purchase or otherwise, any other 
competing line of telegraph. 

Sect. 13. The term " corporations," as used in this article, shall be construed 
to include all joint-stock companies or associations, having any of the powers or 
privileges of corporations not possessed by individuals or partnerships. 

ARTICLE XYII. 

OP RAILROADS AND CANALS. 

Sect. 1. All railroads and canals shall be public highways, and all railroad and 
canal companies shall be common carriers. Any association or corporation or- 
ganized for the purpose, shall have the right to construct and operate a railroad 
between any points within this state, and to connect, at the state line, with rail- 
roads of other states. Every railroad company shall have the right, with its road, 
to intersect, connect with, or cross any other railroad ; and shall receive and trans- 

(a) This clause reserves to the state the earlier period. Cleveland, Painesville and 

right to impose taxes upon a bank, according Ashtabula Railroad Co. v. Erie, 27 Penn. St. 

to the legislative discretion, notwithstanding R. 380, 388. And see Moers v. Reading, 21 

a provision in its charter "that the capital Ibid. 200. 

stock in such bank shall not be subject to tax- (c) The exercise of the banking privilege 

ation, for other than state purposes." Iron of discounting notes by a saving-fund society, 

City Bank v. Pittsburgh, 37 Penn. St. R. incorporated without such notice, renders the 

340. It forms a part of the contract with notes so discounted void, in their hands ; such 

every banking corporation. Ex parte Oliver illegal action cannot be a ground of title. 

Lee"& Co.'s Bank, 21 N. Y. 9. The legisla- Saving and Loan Co. v. Conover, 5 Phila. 18. 

ture is not the final judge whether the casus The privileges granted to building associa- 

judicis, upon which the authority to repeal a tions are not within this prohibition. Schober 

charter is based, has accrued. Commonwealth v. Accommodation Saving-Fund and Loan 

v. Pittsburgh and Connellsville Railroad Co., Association, 35 Penn. St. R. 223. Building 

58 Penn. St. R. 26. Association v. Seemiller, Ibid. 225 n. Kupfert 

(6) To create, renew or extend a charter, v. Guttenberg Building Association, 30 Ibid, 
within the meaning of this section, means, to. 465. The word "discounting," is to be un- 
make a charter which never existed before ; derstood in its banking sense, and is confined 
to revive an old one which has expired ; or to to dealing in promissory notes and negotiable 
increase the time for the existence of one paper. Lycoming Fire Insurance Co. v. 
which would otherwise reach its limit at an Newcomb, 4 Leg. Gaz. 409. 



xxvi CONSTITUTION OF PENNSYLVANIA. 

port each the other's passengers, tonnage and cars, loaded or empty, without delay 
or discrimination. 

Sect. 2. Every railroad and canal corporation organized in this state shall 
maintain an office therein, where transfers of its stock shall be made, and where 
its books shall be kept for inspection by any stockholder or creditor of such cor- 
poration, in which shall be recorded the amount of capital stock subscribed or 
paid in, and by whom, the names of the owners of its stock, and the amounts 
owned by them, respectively, the transfers of said stock, and the names and 
places of residence of its officers. 

Sect. 3. All individuals, associations and corporations shall have equal right 
to have persons and property transported over railroads and canals, and no undue 
or unreasonable discrimination shall be made, in charges for, or in facilities for, 
transportation of freight or passengers, within the state, or coming from or going 
to any other state. Persons and property transported over any railroad, shall be 
delivered at any station, at charges not exceeding the charges for transportation 
of persons and property of the same class, in the same direction, to any more dis- 
tant station ; but excursion and commutation tickets may be issued, at special 
rates. 

Sect. 4. No railroad, canal or other corporation, or the lessees, purchasers or 
managers of any railroad or canal corporation, shall consolidate the stock, pro- 
perty or franchises of such corporation, with, or lease or purchase the works or 
franchises of, or in any way control, any other railroad or canal corporation, owning, 
or having under its control, a parallel or competing line ) nor shall any officer of 
such railroad or canal corporation act as an officer of any other railroad or canal 
corporation, owning or having the control of a parallel or competing line ; and 
the question whether railroads or canals are parallel or competing lines, shall, 
when demanded by the party complainant, be decided by a jury, as in other civil 
issues. 

Sect. 5. No incorporated company, doing the business of a common carrier, 
shall, directly or indirectly, prosecute or engage in mining or manufacturing 
articles, for transportation over its works ; nor shall such company, directly or in- 
directly, engage in any other business than that of common carriers, or hold or 
acquire lands, freehold or leasehold, directly or indirectly, except such as shall be 
necessary for carrying on its business ; but any mining or manufacturing com- 
pany may carry the products of its mines and manufactories on its railroad or 
canal, not exceeding fifty miles in length. 

Sect. 6. No president, director, officer, agent or employee of any railroad or 
canal company, shall be interested, directly or indirectly, in the furnishing of 
material or supplies to such company, or in the business of transportation as a 
common carrier of freight or passengers over the works owned, leased, controlled 
or worked by such company. 

Sect. 7. No discrimination in charges, or facilities for transportation, shall be 
made between transportation companies and individuals, or in favor of either, by 
abatement, drawback or otherwise ; and no railroad or canal company, or any les- 
see, manager or employee thereof, shall make any preferences in furnishing cars 
or motive power. 

Sect. 8. No railroad, railway or other transportation company shall grant free 
passes, or passes at a discount, to any person, except officers or employees of the 
company. 

Sect. 9. No street passenger railway shall be constructed within the limits of 
any city, borough or township, without the consent of its local authorities. 

Sect. 10. No railroad, canal or other transportation company, in existence at 
the time of the adoption of this article, shall have the benefit of any future 
legislation, by general or special laws, except on condition of complete acceptance 
of all the provisions of this article. 

Sect. 11. The existing powers and duties of the auditor-general, in regard to 
railroads, canals and other transportation companies, except as to their accounts, 
are hereby transferred to the secretary of internal affairs, who shall have a general 
supervision over them, subject to such regulations and alterations as shall be pro- 
vided by law ; and, in addition to the annual reports now required to be made, 



CONSTITUTION OF PENNSYLVANIA. xxvii 

said secretary may require special reports, at any time, upon any subject relating 
to the business of said companies, from any officer or officers thereof. 

Sect. 12. The general assembly shall enforce, by appropriate legislation, the 
provisions of this article. 

ARTICLE XVIII. 

OF FUTURE AMENDMENTS. 

Sect. 1. Any amendment or amendments to this constitution may be proposed 
in the senate or house of representatives ; and, if the same shall be agreed to by 
a majority of the members elected to each house, such proposed amendment or 
amendments shall be entered on their journals, with the yeas and nays taken 
thereon, and the secretary of the commonwealth shall cause the same to be pub- 
lished, three months before the next general election, in at least two newspapers 
in every county in which such newspapers shall be published; and if, in the gen- 
eral assembly next afterwards chosen, such proposed amendment or amendments 
shall be agreed to by a majority of the members elected to each house, the sec- 
retary of the commonwealth shall cause the same again to be published in the 
manner aforesaid ; and such proposed amendment or amendments shall be sub- 
mitted to the qualified electors of the state, in such manner, and at such time, at 
least three months after being so agreed to by the two houses, as the general 
assembly shall prescribe; and if such amendment or amendments shall be approved 
by a majority of those voting thereon, such amendment or amendments shall 
become a part of the constitution ; but no amendment or amendments shall be 
submitted oftener than once in five years. When two or more amendments shall 
be submitted, they shall be voted upon separately. 



SCHEDULE. 

That no inconvenience may arise from the changes in the constitution of the 
commonwealth, and in order to carry the same into complete operation, it is 
hereby declared, that — 

Sect. 1. This constitution shall take effect on the first day of January, in the 
year 1874, for all purposes not otherwise provided for therein. 

Sect. 2. All laws in force in this commonwealth at the time of the adoption 
of this constitution, not inconsistent therewith, and all rights, actions, prose- 
cutions and contracts, shall continue as if this constitution had not been 
adopted. 

Sect. 3. At the general election in the years 1874 and 1875, senators shall be 
elected in all districts where there shall be vacancies. Those elected in the 
year 1874 shall serve for two years, and those elected in the year 1875 shall 
serve for one year. Senators now elected, and those whose terms are unexpired, 
shall represent the districts in which they reside, until the end of the terms for 
which they were elected. 

Sect. 4. At the general election in the year 1876, senators shall be elected 
from even numbered districts, to serve for two years, and from odd numbered dis- 
tricts, to serve for four years. 

Sect. 5. The first election of governor, under this constitution, shall be at the 
general election in the year 1875, when a governor shall be elected for three 
years; and the term of the governor elected in the year 1878, and of those there- 
after elected, shall be for four years, according to the provisions of this constitu- 
tion. 

Sect. 6. At the general election in the year 1874, a lieutenant-governor shall 
be elected, according to the provisions of this constitution. 

Sect. 7. The secretary of internal affairs shall be elected at the first general 
election after the adoption of this constitution ; and, when the said officer shall 
be duly elected and qualified, the office of surveyor- general shall be abolished. 



xxviii CONSTITUTION OF PENNSYLVANIA. 

The surveyor-general in office at the time of the adoption of this constitution, 
shall continue in office until the expiration of the term for which he was elected. 
• Sect. 8. When the superintendent of public instruction shall be duly quali- 
fied, the office of superintendent of common schools shall cease. 

Sect. 9. Nothing contained in this constitution shall be construed to render 
any person now holding any state office for a first official term, ineligible for re- 
election, at the end of such term. 

Sect. 10. The judges of the supreme court in office when this constitution 
shall take effect, shall continue until their commissions severally expire. Two 
j udges, in addition to the number now composing the said court, shall be elected 
at the first general election after the adoption of this constitution. 

Sect. 11. All courts of record, and all existing courts which are not specified 
in this constitution, shall continue in existence until the 1st day of December 
in the year 1875, without abridgment of their present jurisdiction, but no 
longer. The court of first criminal jurisdiction for the counties of Schuylkill, 
Lebanon and Dauphin, is hereby abolished ; and all causes and proceedings pend- 
ing therein in the county of Schuylkill, shall be tried and disposed of in the 
courts of oyer and terminer and quarter sessions of the peace of said county. 

Sect. 12. The registers' courts now in existence shall be abolished on the first 
day of January next succeeding the adoption of this constitution. 

Sect. 13. The general assembly shall, at -the next session after the adoption 
of this constitution, designate the several judicial districts, as required by this 
constitution. The judges in commission when such designation shall be made, 
shall continue, during their unexpired terms, judges of the new districts in which 
they reside ; but when there shall be two judges residing in the same district, 
the president judge shall elect to which district he shall be assigned, and the 
additional law judge shall be assigned to the other district. 

Sect. 14. The general assembly shall, at the next succeeding session after 
each decennial census, and not oftener, designate the several judicial districts, as 
required by this constitution. 

Sect. 15. Judges learned in the law of any court of record, holding com- 
missions in force at the adoption of this constitution, shall hold their respective 
offices until the expiration of the terms for which they were commissioned, and 
until their successors shall be duly qualified. The governor shall commission 
the president judge of the court of first criminal jurisdiction for the counties 
of Schuylkill, Lebanon and Dauphin, as .a judge of the court of common pleas 
of Schuylkill county, for the unexpired term of his office. 

Sect. 16. After the expiration of the term of any president judge of any 
court of common pleas, in commission at the adoption of this constitution, the 
judge of such court, learned in the law, and oldest in commission, shall be the 
president judge thereof; and when two or more judges are elected at the same 
time, in any judicial district, they shall decide by lot which shall be president judge; 
but when the president judge of a court shall be re-elected, he shall continue to 
be president judge of that court. Associate judges not learned in the law, elected 
after the adoption of this constitution, shall be commissioned to hold their 
offices for the term of five years from the first day of January next after their 
election. 

Sect. 17. The general assembly, at the first session after the adoption of this 
constitution, shall fix and determine the compensation of the judges of the 
supreme court, and of the judges of the several judicial districts of the common- 
wealth; and the provisions of the thirteenth section of the article on legislation 
shall not be deemed inconsistent herewith. Nothing contained in this constitu- 
tion shall be held to reduce the compensation now paid to any law judge of this 
commonwealth now in commission. 

Sect. 18. The courts of common pleas in the counties of Philadelphia and 
Allegheny, shall be composed of the present judges of the district court and 
court of common pleas of said counties, until their offices shall severally end, 
and of such other judges as may, from time to time, be elected. For the pur- 
pose of first organization in Philadelphia, the judges of the court number one, 
shall be Judges Allison, Pierce and Paxton ; of the court number two, Judges 



CONSTITUTION OF PENNSYLVANIA. xxix 

Hare, Mitchell and one other judge, to be elected j of the court number three, 
Judges Ludlow, Finletter and Lynd ; and of the court number four, Judges 
Thayer, Briggs and one other judge, to be elected. The judge first named shall 
be the president judge of said courts respectively, and thereafter, the president 
judge shall be the judge oldest in commission ; but any president judge re- 
elected in the same court or district, shall continue to be president judge thereof. 
The additional judges for courts numbers two and four, shall be voted for and 
elected at the first general election after the adoption of this constitution, in the 
same manner as the two additional judges of the supreme court, and they shall 
decide by lot to which court they shall belong. Their term of office shall com- 
mence on the first Monday of January in the year 1875. 

Sect. 19. In the county of Allegheny, for the purpose of first organization 
under this constitution, the judges of the court of common pleas, at the time of 
the adoption of this constitution, shall be the judges of the court number one, 
and the judges of the district court, at the same date, shall be the judges of the 
common pleas number two. The president judges of the common pleas and 
district court shall be president judge of said courts number one and two, 
respectively, until their offices shall end ; and thereafter, the judge oldest in com- 
mission shall be president judge ; but any president judge re-elected in the same 
court or district, shall continue to be president judge thereof. 

Sect. 20. The organization of the courts of common pleas under this constitu- 
tion, for the counties of Philadelphia and'Allegheny, shall take effect on the first 
Monday of January 1875, and existing courts in said counties shall continue, 
with their present powers and jurisdiction, until that date; but no new suits shall 
be instituted in the court of nisi prius after the adoption of this constitution. 

Sect. 21. The causes and proceedings pending in the court of nisi prius, 
court of common pleas, and district court in Philadelphia, shall be tried and 
disposed of in the court of common pleas. The records and dockets of said 
courts shall be transferred to the prothonotary's office of said county. 

Sect. 22. The causes and proceedings pending in the court of common pleas 
in the county of Allegheny, shall be tried and disposed of in the court number 
one ; and the causes and proceedings pending in the district court, shall be tried 
and disposed of in the court number two. 

Sect. 23. The prothonotary of the court of common pleas of Philadelphia 
shall be first appointed by the judges of said court, on the first Monday of 
December in the year 1875, and the present, prothonotary of the district court 
in said county shall be the prothonotary of the said court of common pleas 
until said date, when his commission shall expire, and the present clerk of the 
court of oyer and terminer and quarter sessions of the peace in Philadelphia 
shall be the clerk of such court, until the expiration of his present commission 
on the first Monday of December in the year 1875. 

Sect. 24. In cities containing over fifty thousand inhabitants, except Philadel- 
phia, all aldermen in office at the time of the adoption of this constitution shall 
continue in office until the expiration of their commissions ; and at the election 
for city and ward officers in the year 1875, one alderman shall be elected in each 
ward, as provided in this constitution. 

Sect. 25. In Philadelphia, magistrates, in lieu of aldermen, shall be chosen, as 
required in this constitution, at the election in said city for city and ward officers, 
in the year 1875; their term of office shall commence on the first Monday of 
April succeeding their election. The terms of office of aldermen in said city, 
holding, or entitled to, commissions at the time of the adoption of this constitu- 
tion, shall not be affected thereby. 

Sect. 26. All persons in office in this commonwealth at the time of the 
adoption of this constitution, and at the first election under it, shall hold their 
respective offices until the term for which they have been elected or appointed 
shall expire, and until their successors shall be duly qualified, unless otherwise 
provided in this constitution. 

Sect. 27. The seventh article of this constitution prescribing an oath of 
office, shall take effect on and after the first day of January 1875. 

Sect. 28. The terms of office of county commissioners and county auditors, 



xxx CONSTITUTION OF PENNSYLVANIA. 

chosen prior to the year 1875, which shall not have expired before the first Mon- 
day of January in the year 1876, shall expire on that day. 

Sect. 29. All state, county, city, ward, borough and township officers, in office 
at the time of the adoption of this constitution, whose compensation is not pro- 
vided for by salaries alone, shall continue to receive the compensation allowed 
them by law, until the expiration of their respective terms of office. 

Sect. 30. All state and judicial officers heretofore elected, sworn, affirmed, or 
in office when this constitution shall take effect, shall severally, within one month 
after such adoption, take and subscribe an oath or affirmation to. support this 
constitution. 

Sect. 31. The general assembly, at its first session, or as soon as may be 
after the adoption of this constitution, shall pass such laws as may be necessary 
to carry the same into full force and effect. 

Sect. 32. The ordinance passed by this convention entitled " An ordinance 
for submitting the amended constitution of Pennsylvania to a vote of the 
electors thereof," shall be held to be valid, for all the purposes thereof. 

Sect. 33. The words " county commissioners," wherever used in this consti- 
tution and in any ordinance accompanying the same, shall be held to include the 
commissioners for the city of Philadelphia. 

Adopted at Philadelphia, on the third day of November, in the year of our 
Lord one thousand eight hundred and seventy-three. 

JOHN H. WALKER, 

Attest : President. 

W. L. Imbrie, 

Chief Clerk. 



COMMONWEALTH OF PENNSYLVANIA. xxxi 



In the name and by the authority of the Commonwealth of Pennsylvania : 
John F. Hartranft, Governor of the said Commonwealth : 

A PROCLAMATION. 

Whereas, In compliance with an act of the general assembly of this common- 
wealth, entitled " An act to provide for calling a convention to amend the con- 
stitution/' approved by the governor the 11th day of April, a. D. 1872, the 
qualified electors of this commonwealth elected " delegates to a convention to 
revise and amend the constitution of the state/' with power to propose to the 
citizens of this commonwealth, for their approval or rejection, a new constitution, 
or amendments to the present one, or specific amendments to be voted on 
separately : 

And whereas, in compliance with the said act, the delegates so elected assembled 
in convention, on the second Tuesday of November, A. D. 1872, and adopted, at 
Philadelphia, on the 3d day of November, A. D. 1873, a Constitution of the 
Commonwealth of Pennsylvania : 

And whereas, the constitution of said convention, so adopted, was submitted 
to the qualified voters of the commonwealth, for their approval or rejection, at an 
election therefor, by said convention appointed, on the 16th day of December, 
A. D. 1873 : 

And whereas, the returns of the said election were, by the act of assembly 
aforesaid, directed to be returned, " opened, counted and published as the returns 
of governor are now by law counted and published, and when the number of 
votes given for or against the new or revised constitution, or for or against sepa- 
rate specific amendments, if any, shall have been summed up and ascertained, and 
the duplicate certificate thereof delivered to the proper officers, the governor shall 
declare, by proclamation, the result of the election j arid if a majority of the votes 
shall be for the new or revised constitution, or for any separate specific amend- 
ments, such new or revised constitution and separate specific amendments shall be 
thenceforth the constitution of this commonwealth :" 

And whereas, the returns of the election so held for the adoption or rejection 
of. the said constitution, adopted by the aforesaid convention, were returned in 
compliance with the requirements of the said act of the general assembly of this 
commonwealthj and delivered to the speaker of the senate on the 7th day of Jan- 
uary, a. d. 1874 : 

And whereas, by a certificate of this date, on file in the office of the secretary of 
the commonwealth, signed by the Hon. Butler B. Strang, speaker of the senate of 
this commonwealth, and the Hon. Henry H. McCormick, speaker of the house 
of representatives of this commonwealth, it appears, that the speaker of the sen- 
ate of this commonwealth, on the 7th day of January 1874, in the hall of the 
house of representatives, in the state capitol, opened, 'counted and published the 
returns of the election to decide for or against the adoption of said constitution, 
adopted by the aforesaid convention, and summed up and ascertained the number 
of votes given for and against the same, at said election, in the presence of both 
houses of the legislature of this commonwealth, conformable to the laws of this 
commonwealth ; and that, upon counting the votes, it appeared, that the number 
of votes given for the new constitution was two hundred and fifty-three thousand 
seven hundred and forty-four, and the number of votes given against the new 
constitution was one hundred and eight thousand, five hundred and ninety-four, 
showing a majority of one hundred and forty-five thousand, one hundred and fifty 
votes in favor of the new constitution : 

Therefore, I, John F. Hartranft, Governor of Pennsylvania, have caused this 
proclamation to be issued, and in pursuance of the said acts of the general assem- 
bly of this commonwealth, and in compliance therewith, do hereby declare, that 



xxxii COMMONWEALTH OF PENNSYLVANIA. 

at the election held on the 16th of December, A. D. 1873, of the qualified voters 
of this commonwealth, to decide for or against the adoption of the new constitu- 
tion, in convention adopted, at Philadelphia, on the 3d of November, a. d. 1873, 
two hundred and fifty-three thousand, seven hundred and forty-four (253,744) 
votes were given for the adoption of the same, and one hundred and eight 
thousand, five hundred and ninety-four (108,594) were given against the adoption 
of the same ; a majority of one hundred and forty-five thousand, one hundred 
and fifty (145,150) of the votes polled at said election, being in favor of the 
adoption of the said new constitution, and that the said new constitution has been 
adopted by the qualified voters of the state, and is the constitution of the com- 
monwealth. 

Given under my hand, and the great seal of the state, at Harrisburg, this sev- 
enth day of January, in the year of our Lord one thousand eight hundred and 
seventy-four, and of the commonwealth the ninety-eighth. 

John F. Hartranft. 

By the Governor, 

M. S. Quay, Secretary of Commonwealth. 



THE 



CONSTITUTION 



OF THE 



COMMONWEALTH OF PENNSYLVANIA OF 1790, 

AS AMENDED IN 1838 , («) 
WITH THE SUBSEQUENT AMENDMENTS ADOPTED IN 1850, 1857 AND 1864. 



WE, the people of the commonwealth of Pennsylvania, ordain and establish this 
constitution for its government. (6) 

ARTICLE I. 

OP THE LEGISLATURE. 

Sect. I. The legislative power of this commonwealth shall be vested in a general 
assembly, which shall consist of a senate and house of representatives. (c) 

Sect. II. The representatives shall be chosen annually by the citizens * * * (jV) 
on the second Tuesday of October. 

Sect. III. No person shall be a representative who shall not have attained the 
age of twenty-one years, and have been a citizen and inhabitant of the state three 
years next preceding his election, and the last year thereof an inhabitant of the 
district in and for which he shall be chosen a representative, unless he shall have 
been absent on the public business of the United States or of this state. (e) 

Sect. IV. (<?) In the year one thousand eight hundred and sixty-four, and in 
every seventh year thereafter, representatives to the number of one hundred, shall 
be apportioned and distributed equally, throughout the state, by districts, in propor- 
tion to the number of taxable inhabitants in the several parts thereof; except that 
any county containing at least three thousand five hundred taxables, may be allowed 

(a) The amendments to the constitution of diction of all subjects on which its legislation 

1790 are to be considered as having been is not prohibited. 5 H. 119. 2 P. P. Sm. 

," adopted" on the 11 December 1838. 8 W. 474. 

331. (c) See 1 J. 494. 3 H. 20. 

(6) The object of the constitution is not to (d) Third amendment of 1857. 

grant legislative power, but to confine and re- (e) If a majority of the votes have been 

strain it. Without the constitutional limita- cast for a disqualified person, the one who 

tions, the power of the legislature to make laws received the next highest number is not to be 

would be absolute. 15 N. Y. 549. 6 W. & S. returned as elected. 6 P. F. Sm. 270. 1 

117. The rule of interpretation for the state Chand. 112. 13 Cal. 145. And see 2 Ash. 

constitution differs totally from that which is 273. Will, on Corp. \ 547. 2 Kyd Corp. 

applicable to the constitution of the- United 11-12. 28 Eng. L. & Eq. 307. 7 Q. B. 406. 

States. The latter instrument must have a 10 East 211 a. Cowp. 537. 2 Dow 124. 5 

strict construction; the former a liberal one. B. & Aid. 81. Heywood 537-8. 1 Doug. 

Congress can pass no laws but those which the 398 n., 399. 14 East 549. 1 M. & S. 76. 2 

constitution authorizes, either expressly or by Burr. 1021. 

clear implication} while the assembly has juris- (g) Third amendment of 1857. 

(1) 



2 CONSTITUTION OF PENNSYLVANIA. 

a separate representation ; (a) but no more than three counties shall be joined, and 
no county shall be divided in the formation of a district. Any city containing a 
sufficient number of taxables to entitle it to at least two representatives, shall have 
a separate representation assigned it, and shall be divided into convenient districts 
of contiguous territory, of equal taxable population as near as may be, each of which 
districts shall elect one representative. 

Sect. V. The senators shall be chosen for three years, by the citizens * * * (b) 
at the same time, in the same manner, and at the same places where they shall vote 
for representatives. 

Sect. VI. The number of senators shall, at the several periods of making the 
enumeration before mentioned, be fixed by the legislature, and apportioned among 
the districts formed, as hereinafter directed, according to the number of taxable 
inhabitants in each ; and shall never be less than one-fourth, nor greater than one- 
third, of the number of representatives. 

Sect. VII. The senators shall be chosen in districts to be formed by the legisla- 
ture ; but no district shall be so formed as to entitle it to elect more than two sena- 
tors, unless the number of taxable inhabitants in any city or county shall, at any 
time, be such as to entitle it to elect more than two, but no city or county shall be 
entitled to elect more than four senators ; when a district shall be composed of two 
or more counties, they shall be adjoining, * * * and no county shall be 
divided in forming a district : The city of Philadelphia shall be divided into single 
senatorial districts of contiguous territory as nearly equal in taxable population as 
possible ; but no ward shall be divided in the formation thereof, (c) 

Sect. VIII. No person shall be a senator who shall not have attained the age of 
twenty-five years, and have been a citizen and inhabitant of the state four years next 
before his election, and the last year thereof an inhabitant of the district for which 
he shall be chosen, unless he shall have been absent on the public business of the 
United States or of this state ; and no person elected as aforesaid shall hold said 
office after he shall have removed from such district. . 

Sect. IX. The senators who may be elected at the first general election after the 
adoption of the amendments to the constitution, shall be divided by lot into three 
classes. The seats of the senators of the first class shall be vacated at the expiration 
of the first year ; of the second class at the expiration of the second year ; and of the 
third class at the expiration of the third year ; so that, thereafter, one-third of the 
whole number of senators may be chosen every year. The senators elected before 
the amendments to the constitution shall be adopted, shall hold their offices during 
the terms for which they shall respectively have been elected. 

Sect. X. The general assembly shall meet on the first Tuesday of January, in 
every year, unless sooner convened by the governor. 

Sect. XI. Each house shall choose its speaker and other officers ; and the senate 
shall also choose a speaker pro tempore, when the speaker shall exercise the office 
of governor. N 

Sect. XII. Each house shall judge of the qualifications of its members. Con- 
tested elections shall be determined by a committee to be selected, formed and 
regulated in such manner as shall be directed by law. A majority of each house 
shall constitute a quorum to do business ; but a smaller number may adjourn from 
day to day, and may be authorized by law to compel the attendance of absent mem- 
bers, in such manner and under such penalties as may be provided. 

Sect. XIII. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and with the concurrence of two-thirds, expel a 
member, but not a second time for the same cause \ and shall have all other powers 
necessary for a branch of the legislature of a free state. (<;/) 

(a) In Cessna's case, it was decided by the "The legislature, at its first session, after 
house of representatives, that under the consti- the adaption of this amendment, shall divide 
tution of 1790, Bedford county was entitled to the city of Philadelphia into senatorial and 
a separate representation. January 1862. MS. representative districts, in the manner above 

(b) Third amendment of 1857. provided ; such districts to remain unchanged 

(c) From third amendment cf 1857; which until the apportionment in the year 1864." 
further provides with reference to sections IV. See 3 Keyes 110. 

and VII. above, as follows : (d) See 9 H. 147. 



CONSTITUTION OF PENNSYLVANIA. 3 

Sect. XIY. The legislature shall not have power to enact laws annulling the 
contract of marriage in any case where by law, the courts of this commonwealth are 
or may hereafter be empowered to decree a divorce, (a) 

Sect. XV. Each house shall keep a journal of its proceedings, and publish them 
weekly, except such parts as may require secrecy; and the yeas and nays of the 
members on any question, shall, at the desire of any two of them, be entered on the 
journals. 

Sect. XVI. The doors of each house, and of committees of the whole, shall be 
open, unless when the business shall be such as ought to be kept secret. 

Sect. XVII. Neither house shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in which the two houses 
shall be sitting. 

Sect. XVIII. The senators and representatives shall receive a compensation for 
their services, (6) to be ascertained by law, and paid out of the treasury of the com- 
monwealth. They shall in all cases, except treason, felony and breach or surety of 
the peace, be privileged from arrest, during their attendance at the session of their 
respective houses, and in going to and returning from the same; and for any speech 
or debate in either house they shall not be questioned in any other place. 

Sect. XIX. No senator or representative shall, during the time for which he 
shall have been elected, be appointed to any civil office under this commonwealth, 
which shall have been created, or the emoluments of which shall have been increased 
during such time ; and no member of congress, or other person holding any office 
(except of attorney-at-law, and in the militia) under the United States, or this com- 
monwealth, shall be a member of either house, during his continuance in congress, 
or in office. (c) 

Sect. XX. When vacancies happen in either house, the speaker shall issue writs 
of election to fill such vacancies. 

Sect. XXI. All bills for raising revenue shall originate in the house of repre- 
sentatives; but the senate may propose amendments as in other bills. 

Sect. XXII. No. money shall be drawn from the treasury but in eonsequence of 
appropriations made by law. 

Sect. XXIII. Every bill which shall have passed both houses, shall be presented 
to the governor; if he approve, he shall sign it; (d) but if he shall not approve, he 
shall return it with his objections, to the house in which it shall have originated, 
who shall enter the objections at large upon their journals, and proceed to reconsider 
it. If, after such reconsideration, two-thirds of that house shall agree to pass the 
bill, it shall be sent with the objections, to the other house, by which likewise it 
shall be reconsidered, and if approved by two-thirds of that house, it shall be a law; 
but in such cases the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for or against the bill shall be entered on the 
journals of each house respectively. If any bill shall not be returned by the 
governor within ten days (Sundays excepted) after it shall have been presented to 
him, the same shall be a law, in like manner as if he had signed it, unless the 
general assembly, by their adjournment, prevent its return; in which case it shall 
be a law, unless sent back within three days after their next meeting. 

Sect. XXIV. Every order, resolution or vote to which the concurrence of both 
houses may be necessary (except on a question of adjournment), shall be presented 

(a) Where the rights of parties depend on house of representatives, and heen approved hy 

the validity of a divorce granted by the legis- the governor, it is a law. The constitution 

lature, evidence is admissible to show that the does not require that it should be signed by the 

causes for which it was granted were within the presiding officers of the two houses. 10 H. 

jurisdiction of the courts, and hence the legis- 376. An act of assembly is passed only when 

lature had no power to grant it. 2 J. 350. it has gone through all the forms made neces- 

The presumption is, that every legislative act sary by the constitution, to give it force and 

ot divorce is for a just cause, but it is not a validity as a binding rule of conduct for the 

conclusive presumption that the case is outside citizen. 9 C. 202. The governor may sign a 

the jurisdiction of the courts. 4, P. F. Sm. bill after the adjournment of the legislature. 

255. See Ibid. 265. 21 N. Y. 517. One branch of the legislature 

(6) See 7 W. & S. 16. has no power, by resolution, to recall a bill, 

(c) See 6 H. 521. after it has been sent to the governor for ap- 

(rf) When a bill has passed the senate and proval. 33 N. Y. 269. 



4 CONSTITUTION OF PENNSYLVANIA. 

to the governor, and before it shall take effect, be approved by him, or being lis- 
approved, shall be repassed by two-thirds of both houses, according to the rules and 
limitations prescribed in case of a bill. 

Sect. XXV. No corporate body shall be hereafter created, renewed or extended, 
with banking or discounting privileges, (a) without six months' previous public 
notice of the intended application for the same, in such manner as shall be pre- 
scribed by law; nor shall any charter for the purposes aforesaid, be granted for a 
longer period than twenty years ; and every such charter shall contain a clause 
reserving to the legislature the power to alter, revoke or annul the same, (b) when- 
ever, in their opinion, it may be injurious. to the citizens of the commonwealth; in 
such manner, however, that no injustice shall be done to the corporators. No law 
hereafter enacted shall create, renew or extend the charter of more than one 
corporation, (c) 

Sect. XXVI.(c?) The legislature shall have the power to alter, revoke or annul, 
any charter of incorporation hereafter conferred by or under any special or general 
law, whenever, in their opinion, it may be injurious to the citizens of the com- 
monwealth ; in such manner, however, that no injustice shall be done to the 
corporators, (e) 

ARTICLE II. 

OF THE GOVERNOR. 

Sect. I. The supreme executive power of this commonwealth shall be vested in 
a governor. 

Sect. II. The governor shall be chosen on the second Tuesday of October, by the 
citizens of the commonwealth, at the places where they shall respectively vote for 
representatives ; the returns of every election for governor shall be sealed up and 
transmitted to the seat of government, directed to the speaker of the senate, who 
shall open and publish them in the presence of the members of both houses of the 
legislature ; the person having the highest number of votes shall be governor ; but 
if two or more shall be equal and highest in votes, one of them shall be chosen 
governor by the joint vote of the. members of both houses. Contested elections 
shall be determined by a committee to be selected from both houses of the legisla- 
ture, and formed and regulated in such manner as shall be directed by law. 

Sect. III. The governor shall hold his office during three years from the third 
Tuesday of January next ensuing his election, and shall not be capable of holding 
it longer than six, in any term of nine years. 

Sect. IV. He shall be at least thirty years of age, and have been a citizen and 
an inhabitant of this state seven years next before his election, unless he shall have 
been absent on the public business of the United States or of this state. 

Sect. V. No member of congress, or person holding any office under the United 
States or of this state, shall exercise the office of governor. 

Sect. VI. The governor shall, at stated times, receive for his services a com- 
pensation which shall be neither increased nor diminished during the period for 
which he shall have been elected. 

Sect. VII. He shall be commander-in-chief of the army and navy of this com- 
monwealth, and of the militia, except when they shall be called into actual service 
of the United States. 

(a) The exercise of the hanking privilege Wr. 340. It forms a part of the contract 

of discounting notes by a saving fund society, with every banking corporation. 21 N. Y. 9. 
incorporated without such notice, renders the (c) To create, renew or extend a charter, 

notes so discounted, void in their hands ; such within the meaning of this section, means to 

illegal action cannot be a ground of title. 5 make a charter which never existed before ; 

Phila. 18. The privileges granted to building to revive an old one which has expired ; or to 

associations are not within this prohibition. 11 increase the time for the existence of one 

C. 223. 3 Grant 297. 3 Phila. 115. 6 C. which would otherwise reach its limit at an 

465. earlier period. 3 C. 380, 388. And see 9 H. 

(6) This clause reserves to the state the 200. 
right to impose taxes upon a bank, according (c?) Fourth amendment of 1857. 
to the legislative discretion, notwithstanding (e) The legislature is not the final judge 

a provision in its charter " that the capital whether the casus judicis, upon which the 

stock in such bank shall not be subject to authority to repeal a charter is based, has 

taxation, for other than state purposes." 1 accrued. 8 P. F. Sm. 26. 



CONSTITUTION OF PENNSYLVANIA. 5 

Sect. VIII. He shall appoint a secretary of the commonwealth during pleasure : 
and he shall nominate, and by and with the advice and consent of the senate, appoint 
all judicial officers of the courts of record, unless otherwise provided for in this con- 
stitution. He shall have power to fill all vacancies that may happen in such judicial 
offices during the recess of the senate, by granting commissions, which shall expire 
at the end of their next sessions: Provided, That in acting on executive nominations 
the senate shall sit with open doors; and in confirming or rejecting the nominations 
of the governor, the vote shall be taken by yeas and nays. 

Sect. IX. He shall have power to remit fines and forfeitures, (a) and grant 
reprieves and pardons, (b) except in cases of impeachment. 

Sect. X. He may require information in writing, from the officers of the execu- 
tive department, upon any subject relating to the duties of their respective offices. 

Sect. XL He shall, from time to time, give to the general assembly information 
of the state of the commonwealth, and recommend to their consideration such mea- 
sures as he shall judge expedient. 

Sect. XII. He may, on extraordinary occasions, convene the general assembly ; 
and in case of disagreement between the two houses with respect to the time of 
adjournment, adjourn them to such time as he shall think proper, not exceeding 
four months. 

Sect. XIII. He shall take care that the laws be faithfully executed. 

Sect. XIV. In case of the death or resignation of the governor, or his removal 
from office, the speaker of the senate shall exercise the office of governor, until 
another governor shall be duly qualified ; but in such case, another governor shall be 
chosen at the next annual election of representatives, unless such death, resignation 
or removal, shall occur within three calendar months immediately preceding such 
next annual election, in which case a governor shall be chosen at the second suc- 
ceeding annual election of representatives. And if the trial of a contested election 
shall continue longer than until the third Monday of January next ensuing the 
election of governor, the governor of the last year, or the speaker of the senate, who 
may be in the exercise of the executive authority, shall continue therein until the 
determination of such contested election, and until a governor shall be duly qualified 
as aforesaid. 

OF THE SECRETARY OF THE COMMONWEALTH. 

Sect. XV. The secretary of the commonwealth shall keep a fair register of all 
the official acts and proceedings of the governor ; and shall, when required, lay the 
same and all papers, minutes and vouchers relative thereto, before either branch of 
the legislature ; and shall perform such other duties as shall be enjoined him by law. 

ARTICLE III. 

OF ELECTIONS. 

Sect. I. In elections by the citizens, every [white] (c) freeman of the age of 
twenty-one years, having resided in this state one year, and in the election district 
where he offers to vote ten days immediately preceding such election, and within 
two years paid a state or. county tax. (d) which shall have been assessed at least ten 
days before the election, shall enjoy the rights of an elector; but a citizen of the 
United States who had previously been a qualified voter of this state, and removed 

(a) The fines and penalties which he may 440. 10 Wr. 446. But see 7 Ibid. 53. A 
remit, are such only, as are now, or were pardon must be proved by the production of 
originally payable to the state. 3 Barr 126. the warrant itself, or its loss must be accounted 
He may remit a forfeited recognisance, after for. 6 W. 338. And see 1 Gr. 329. A par- 
judgment for the use of the county. 9 W. don obtained by fraud may be revoked before 
142. actual delivery. 8 Wr. 210. 10 Int. R. Rec. 

(6) He may pardon, as well before trial, as 24. Without words of restitution, a pardon 

after. 7 W. 155. 9 Wr. 372. 10 Ibid. 357. does not restore a forfeited estate. 3 Grant 

So, he may grant a conditional pardon. 8 W. 158. 

& S. 197. A pardon, although after sentence, (c) Altered by the 15th amendment tc tho 

is a release of all fines or imprisonment for constitution of the United States. 

the offence. 4 C. 297. 2 Phila. 256. But (</) It must be a personal tax. 2 S. &. R. 

not of the costs to the payment of which a 297. 
prisoner mav have been sentenced. 2 Wh. 



6 CONSTITUTION OF PENNSYLVANIA. 

therefrom, and returned, and who shall have resided in the election district, and paid 
taxes as aforesaid, shall be entitled to vote, after residing in the state six months : 
Provided, That [white] freemen, citizens of the United States, between the ages of 
twenty-one and twenty-two years, and having resided in the state one year, and in 
the election district ten days, as aforesaid, shall be entitled to vote, although they 
shall not have paid taxes, (a) 

Sect. II. All elections shall be by ballot, except those by persons in their repre- 
sentative capacities, who shall vote viva voce. 

Sect. III. Electors shall, in all cases, except treason, felony and breach or surety 
of the peace, be privileged from arrest, during their attendance on elections, and in 
going to and returning from them. 

Sect. IV. Whenever any of the qualified electors of this commonwealth shall 
be in any actual military service, under a requisition from the president of the 
United States, or by the authority of this commonwealth, such electors may exer- 
cise the right of suffrage in all elections by the citizens, under such regulations as 
are or shall be prescribed by law, as fully as if they were present at their usual 
place of election. (h) 

ARTICLE IV. 

OF IMPEACHMENT. 

Sect. I. The house of representatives shall have the sole power of impeaching. 

Sect. II. All impeachments shall be tried by the senate. (c) When sitting for 
that purpose, the senators shall be upon oath or affirmation. No person shall be 
convicted without the concurrence of two-thirds of the members present. 

Sect. III. The governor and all other civil officers under this commonwealth, 
shall be liable to impeachment for any misdemeanor in office )(d) but judgment in 
such cases shall not extend further than to removal from office, and disqualification 
to hold any office of honor, trust or profit, under this commonwealth ; the party, 
whether convicted or acquitted, shall nevertheless be liable to indictment, trial, 
judgment and punishment, according to law. 

ARTICLE V. 

OF THE JUDICIARY. 

Sect. I. The judicial power of this commonwealth (e) shall be vested in a su- 
preme court, in courts of oyer and terminer and general jail delivery, in a court of 
common pleas, orphans' court, register's court and a court of quarter sessions of the 
peace for each county, in justices of the peace, and in such other courts as the 
legislature may from time to time establish. Q/) 

Sect. II.(A) The judges of the supreme court, of the several courts of common 
pleas, and of such other courts of record as are or shall be established by law, shall 
be elected by the qualified electors of the commonwealth in the manner following, 
to wit: the judges of the supreme court, by the qualified electors of the common- 
wealth at large : the president judges of the several courts of common pleas and of 
such other courts of record as are or may be established by law, and all other judges 
required to be learned in the law, by the qualified electors of the respective districts 
over which they are to preside or act as judges : and the associate judges of the 

(a) No constitutional qualification of a voter judge is the proper organ of the court, to ex- 
can be abridged, added to, or altered by legis- press its opinion ; but each member has a 
lation. 8 P. F. Sm. 338. right, and it is his duty, to deliver his senti- 

(6) First amendment of 1864. ments upon every subject that occurs in court. 

(c) A member of the house of representa- Ibid. 114. 4 D. 225. See Porter's Trial 61. 
tives, who votes in favor of prosecuting an (e) The legislature has no judicial power, 
impeachment, is not, thereby, disqualified, if and therefore cannot grant a new trial. 3 H. 
subsequently elected a senator, from sitting 18. 4 H. 265. Or, a review of a decree of the 
on the trial thereof. Addison's Trial 21-8. orphans' court. 7 Wr. 512. 19 Leg. Int. 372. 
Porter's Trial 53. The legislature cannot abolish any of the 

(d) A president judge is liable to impeach- courts mentioned in this article. 8 P. F. 
ment, for preventing one of his associates Sm. 226. 

from delivering his opinion to a grand or petit (g) See 7 W. & 8. 68. 8 W. & S. 382. 2 
jury, upon a matter before the court. Addi- Barr 244. 16 Pet. 60. 
son's Trial a€, 17, 114, 151. The presiding (A) Amendment of 1850. 



CONSTITUTION OF PENNSYLVANIA. 7 

courts of common pleas by the qualified electors of the counties respectively. The 
judges of the supreme court shall hold their offices for the term of fifteen years, if 
they shall so long behave themselves well, (subject to the allotment hereinafter pro- 
vided for, subsequent to the first election.) The president judges of the several 
courts of common pleas, and of such other courts of record as are or shall be esta- 
blished by law, and all other judges required to be learned in the law, shall hold 
their offices for the term often years, if they shall so long behave themselves well. 
The associate judges of the courts of common pleas shall hold their offices for the 
term of five years, if they shall so long behave themselves well: all of whom shall 
be commissioned by the governor, but for any reasonable cause which shall not be 
sufficient grounds of impeachment, the governor shall remove any of them on the 
address of two-thirds of each branch of the legislature. The first election shall take 
place at the general election of this commonwealth next after the adoption of this 
amendment, and the commissions of all the judges who may be then in office shall 
expire on the first Monday of December following, when the terms of the new judges 
shall commence. (a) The persons who shall then be elected judges of the supreme 
court shall hold their offices as follows : one of them for three years, one for six 
years, one for nine years, one for twelve years, and one for fifteen years ; the term 
of each to be decided by lot by said judges as soon after the election as convenient, 
and the result certified by them to the governor, that the commissions may be issued 
in accordance thereto. (b) The judge whose commission will first expire shall be 
chief justice during his term, and thereafter each judge whose commission shall first 
expire shall in turn be the chief justice, and if two or more commissions shall ex- 
pire on the same day, the judges holding them shall decide by lot which shall be 
the chief justice. Any vacancies happening by death, resignation or otherwise, in 
any of the said courts, shall be filled by appointment by the governor, to continue 
till the first Monday of December succeeding the next general election. (c) The 
judges of the supreme court and the presidents of the several courts of common 
pleas shall, at stated times, receive for their services an adequate compensation, to 
be fixed by law, which shall not be diminished (c?) during their continuance in office, 
but they shall receive no fees or perquisites of office, nor hold any other office of 
profit under this commonwealth, (e) or under the government of the United States, 
or any other state of this Union. The judges of the supreme court, during their 
continuance in office, shall reside within this commonwealth, and the other judges, 
during their continuance in office, shall reside within the district or county for which 
they were respectively elected. 

Sect. III. Until otherwise directed by law, the courts of common pleas shall 
continue as at present established. (#) Not more than five counties shall at any 
time be included in one judicial district organized for said courts. 

Sect. IV. The jurisdiction of the supreme court shall extend over the state, (A) 
and the judges thereof shall, by virtue of their offices, be justices of oyer and ter- 
miner and general jail delivery, in the several counties. (i) 

(a) The terms of office of the new judges, salary has been increased since his appoint- 

ected under this section, expire on the first ment ; neither can they impose a state tax upon 

Monday of December, in the year of their his salary, to be deducted at the treasury before 

limitation. 5 C. 518. payment. 5 W. & S. 403. 

(6) The legislature cannot abolish a judicial (e) See 1 S. & R. 1. 

district, and thus legislate out of office the (g) See 2 Barr 244. 

president judge, before the expiration of his (h) The division of the state into districts 

term. Commonwealth v. Graham, Supreme' does not affect the jurisdiction. 11 H. 355. 

Court, 7 July 1869. The constitution invests the supreme court with 

(c) The act 27 April 1852, which prescribes jurisdiction co-extensive with the state, and 

that such vacancy shall be filled by an election, the legislature has no power to limit it, or to 

at the next general election which shall happen prohibit the court from issuing its process, at 

more than three calendar months after the any time, to all parts of the state. The 

vacancy occurs, does not conflict with this pro- division of the state into districts is merely 

vision, and is a valid and binding exercise of for the convenient transaction of business, 

legislative power. 3 C. 444. See 13 N. Y. 1 Wr. 237. 

350. ( (i) Each of the judges of the supreme court 

(c?) The legislature cannot diminish the has power to hold a court of oyer and ter- 

wmpensation of a president judge, whose miner in any county of the state. 9 C. 80. 



8 CONSTITUTION OF PENNS YLTAJS'IA- 

Sect. V. The judges of the court of common pleas in each county shall,(a) by 
virtue of their offices, be justices of oyer and terminer and general jail delivery, 
for the trial of capital and other offenders therein; any two of the said judges, the 
president being one, (b) shall be a quorum; but they shall not hold a court of oyer 
and terminer or jail delivery in any county, when the judges of the supreme court, 
or any of them, shall be sitting in the same county. (c) The party accused as well 
as the commonwealth may, under such regulations as shall be prescribed by law, 
remove the indictment and proceedings, or a transcript thereof, into the supreme 
court. 

Sect. VI. The supreme court and the several courts of common pleas shall, 
beside the powers heretofore usually exercised by them, have the power of a court 
of chancery, so far as relates to the perpetuating of testimony, the obtaining of 
evidence from places not within the state, (d) and the care of the persons and estates 
of those who are non compos mentis ; and the legislature shall vest in the said courts 
such other powers to grant relief in equity, as shall be found necessary, and may, 
from time to time, enlarge or diminish those powers, or vest them in such other 
courts as they shall judge proper, for the due administration of justice. (e) 

Sect. VII. The judges of the court of common pleas of each county, any two 
of whom shall be a quorum, shall compose the court of quarter sessions of the peace, 
and orphans' court thereof; and! the register of wills, together with the said judges, 
or any two of them, shall compose the register's court of each county. 

Sect. VIII. The judges of the courts of common pleas shall, within their re- 
spective counties, have the like powers with the judges of the supreme court to 
issue writs of certiorari to the justices of the peace, and to cause their proceedings 
to be brought before them, and the like right and justice to be done.(^) 

Sect. IX. The president of the court in each circuit, within such circuit, and 
the judges of the court of common pleas, within their respective counties, shall be 
justices of the peace, so far as relates to criminal matters. (A) 

Sect. X. A register's office, for the probate of wills and granting letters of 
administration, and an office for the recording of deeds, shall be kept in each 
county. 

Sect. XI. The style of all process shall be " The Commonwealth of Pennsyl- 
vania."^') All prosecutions shall be carried on in the name and by the authority 
of the commonwealth of Pennsylvania, and conclude " against the peace and dignity 
of the same." (A;) 

(a) They hare no power to hold a court of legislature cannot vest the determination of 

oyer and terminer out of their proper districts, legal rights in a court of equity, so as to 

9 C. 80. exclude the constitutional right of trial by 
(6) See7W.&S. 68. 8 Ibid. 382. 2 Barr jury. 6 Wr. 488. 

244. 5 Ibid. 67, 204. 1 H. 194. 7 C. 198. (g) The writ of certiorari may issue from 

(c) This only applies to a case in which the the common pleas wherever a new jurisdiction 
judges of the supreme court are holding a is conferred upon magistrates, and the pro- 
court of oyer and terminer in the same county, ceeding is summary. 1 Brewst. 411. 

6 Pitts. Leg. J. 177. (h) A new power was hereby intended to 

(d) This is an equity proceeding, and is to be superadded to their offices ; but the judges 
be exercised under chancery rules ; therefore, of the supreme court were invested with the 
written notice of the rule, and of the names like power by the provincial act of 1722, 
of the commissioners, must be served on the which conferred upon them all the powers of 
adverse party, at least fifteen days before the the justices of the court of King's Bench in 
commission issues, and they must be so desig- England, who are justices of the peace through- 
nated as to inform the party, to a reasonable out the kingdom, ex officio. And these powers 
certainty, where they may be found. 1 Wr. were secured to them by the constitution. 3 
510. It is under this clause, that commis- Y. 96. 

sioners appointed by the courts to take depo- (0 Process must go in the name of the com- 

sitions derive authority to administer oaths, monwealth of Pennsylvania ; but it is imma- 

9 P. P. Sm. 386. terial in what part of the precept the common- 

(e) This does not prohibit the legislature wealth is introduced, so that the command be 
from taking away or modifying the powers given in its name. 6 B. 184. 

before that time usually exercised by the judges (k) The proper conclusion of an indictment 

of the supreme court. It was intended to have is "against the peace and dignity of the com- 

an affirmative effect, by introducing certain monwealth of Pennsylvania." 5 S. & R. 463. 

chancery powers, and not the negative one of A conclusion " against the peace of the state, 

prohibiting the taking away of any powers the government and dignity of the same," is 

theretofore exercised. 4 B. 117. But the defective. 1 Gr. 262-3. 



CONSTITUTION OF PENNSYLVANIA. 9 

ARTICLE VI. 

OF SHERIFFS AND CORONERS. 

Sect. I Sheriffs and coroners shall, at the times and places of election of repre- 
sentatives, be chosen by the citizens of each county. One person shall be chosen 
for each office, who shall be commissioned by the governor. They shall hold their 
offices for three years, if they shall so long behave themselves well, and until a suc- 
cessor be duly qualified ; but no person shall be twice chosen or appointed sheriff 
in any term of six years. Vacancies in either of the said offices shall be filled by 
an appointment, to be made by the governor, to continue until the next general 
election, and until a successor shall be chosen and qualified as aforesaid. 

OF THE MILITIA. 

Sect. II. The freemen of this commonwealth shall be armed, organized and dis- 
ciplined for its defence, when, and in such manner, as may be directed by law. 
Those who conscientiously scruple to bear arms, shall not be compelled to do so, but 
shall pay an equivalent for personal service. 

OF PUBLIC OFFICERS. 

Sect. III. Prothonotaries of the supreme court shall be appointed by the said 
court for the term of three years, if they so long behave themselves well. Pro- 
thonotaries and clerks of the several other courts, recorders of deeds and registers 
of wills, shall, at the times and places of election of representatives, be elected by 
the qualified electors of each county, or the districts over which the jurisdiction of 
said courts extends, and shall be commissioned by the governor. They shall hold 
their offices for three years if they shall so long behave themselves well, and until 
their successors shall be duly qualified. The legislature shall provide by law the 
number of persons in each county who shall hold said offices, and how many and 
which of said offices shall be held by one person. Vacancies in any of the said 
offices shall be filled by appointments to be made by the governor, to continue 
until the next general election, and until successors shall be elected and qualified 
as aforesaid, (a) 

Sect. IV. Prothonotaries, clerks of the peace and orphans' courts, recorders of 
deeds, registers of wills and sheriffs, shall keep their offices in the county town of 
the county in which they respectively shall be officers,, unless when the governor 
shall, for special reasons, dispense therewith, for any term not exceeding five years 
after the county shall have been erected. 

OF COMMISSIONS. 

Sect. V. All commissions shall be in the name and by the authority of the com- 
nonwealth of Pennsylvania, and be sealed with the state seal, and signed by the 
governor. 

of the state treasurer. 

Sect. VI. A state treasurer shall be elected annually, by joint vote of both 
branches of the legislature. 

OF JUSTICES OF THE PEACE AND ALDERMEN AND OTHER OFFICERS. 

Sect. VII. Justices of the peace, or aldermen, shall be elected in the several 
wards, boroughs and townships, at the time of the election of constables, by the 
qualified voters thereof, in such number as shall be directed by law, and shall be 
commissioned by the governor for a term of five years. But no township, ward or 
borough shall elect more than two justices of the peace or aldermen, without the 
consent of a majority of the qualified electors within such township, ward, or 
borough. 

Sect. VIII. All officers whose election or appointment is not provided for in 

(a) The death of the person elected to fill thonotary, the court, does not possess power to 

«e office of clerk of the orphans' court, before make a temporary appointment, until the va- 

he has qualified himself according to law, cancy is filled by the governor. Case of the 

does not create a vacancy which can be filled Prothonctary of Phila. Co., C. P. Phila., 14 

by the governor, but the incumbent holds May 1850. MS. 
over. 9 Barr 513. On the death of the pro- 



10 CONSTITUTION OF PENNSYLVANIA. 

this constitution, shall be elected or appointed as shall be directed by law. No per- 
son shall be appointed to any office within any county who shall not have been a 
citizen and an inhabitant therein one year next before his appointment, if the 
county shall have been so long erected ; but if it shall not have been so long erected, 
then within the limits of the county or counties out of which it shall have been 
taken. No member of congress from this state, or any person holding or exercising 
any office or appointment of trust or profit under the United States, shall at the 
same time(a) hold or exercise any office in this state, to which a salary is, or fees or 
perquisites are by law annexed, and the legislature may by law declare what state 
offices are incompatible. (b) No member of the senate, or of the house of represen- 
tatives, shall be appointed by the governor to any office during the term for which 
he shall have been elected. 

OP MISBEHAVIOR IN OFFICE. 

Sect. IX. All officers for a term of years, shall hold their offices for the terms 
respectively specified, only on the condition that they so long behave themselves 
well ; and shall be removed on conviction of misbehavior in office, or of any infa- 
mous crime. (c) 

DUELLING. 

Sect. X. Any person who shall, after the adoption of the amendments proposed 
by this convention to the constitution, fight a duel, or send a challenge for that 
purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of 
holding any office of honor or profit in this state, and shall be punished otherwise 
in such manner as is, or may be prescribed by law ; but the executive may remit 
the said offence and all its disqualifications. 

ARTICLE VII. 

EDUCATION. 

Sect. I. The legislature shall, as soon as conveniently may be, provide by law 
for the establishment of schools throughout the state, in such manner that the poor 
may be taught gratis, (d) 

Sect. II. The arts and sciences shall be promoted in one or more seminaries of 
learning. 

RELIGIOUS SOCIETIES AND CORPORATIONS. 

Sect. III. The rights, privileges, immunities and estates of religious societies and 
corporate bodies, shall remain as if the constitution of this state had not been altered 
or amended. 

Sect. IV. The legislature shall not invest any corporate body or individual with 
the privilege of taking private property for public use, without requiring such cor- 
poration or individual to make compensation to the owners of said property, or give 
adequate security therefor before such property shall be taken. (e) 

ARTICLE VIII. 

OF THE OATH OF OFFICE. 

Members of the general assembly, and all officers, (#) executive and judicial, shall 

(a) See 17 S. & E. 228-30. 4 D. 229. age of five and twenty-one years, are not un- 

(b) Under the act of 16 April 1838, a deputy constitutional. 5 H. 118. 

marshal of the United States is incompetent (e) When private property is taken for 

to hold the office of commissioner of an in- public use, it is not necessary that the com- 

corporated district, although there are no pensation to the owner should be actually 

fees or perquisites annexed to the office. 5 ascertained and paid before the property is 

Barr 67. appropriated ; but it is sufficient, if an ade- 

(c) A conviction of the offence of bribing an quate remedy be provided by which he can 
elector to vote for him, does not disqualify a obtain compensation, without any unreason- 
sheriff from exercising the duties of his office, able delay. 10 Barr 97. 3 W. & S. 460. 
3 W. & S. 338. 1 Barr 132, 218. 6 W. & S. 113. 4 H. 

(d) Laws providing for the establishment 192-3. Bright. R. 183. See art. IX. § 10. 
throughout the commonwealth of common (g) A county commissioner is such an offi- 
schoohy for the education of all between the cer. 7 S. & R. 386. 



CONSTITUTION OF PENNSYLVANIA. 11 

be bound by oath or affirmation, to support the constitution of this commonwealth, (a) 
and to perform the duties of their respective offices with fidelity. 

AKTICLE IX, 

DECLARATION OF RIGHTS. 

That the general, great and essential principles of liberty and free government 
may be recognised and unalterably established, We declare 

Sect. I. That all men are born equally free and independent, and have certain 
inherent and indefeasible rights, among which are those of enjoying and defending 
life and liberty, of acquiring, possessing and protecting property and reputation, and 
of pursuing their own happiness. (b) 

Sect. II. That all power is inherent in the people, and all free governments are 
founded on their authority, and instituted for their peace, safety and happiness. 
For the advancement of these ends, they have at all times an unalienable and inde- 
feasible right to alter, reform or abolish their government, in such a manner as they 
may think proper. 

Sect. III. That all men have a natural and indefeasible right to worship Al- 
mighty Grod according to the dictates of their own consciences ;(c) that no man can 
of righ£ be compelled to attend, erect or support any place of worship, or to main- 
tain any ministry against his consent; no human authority can, in any case what- 
ever, control or interfere with the rights of conscience j (d) and no preference shall 
ever be given by law to any religious establishments, or modes of worship. 

Sect. IV. That no person who acknowledges the being of a God, and a future 
state of rewards and punishments, shall, on account of his religious sentiments, be 
disqualified to hold any office, or place of trust or profit, under this common- 
wealth, (e) 

Sect. V. That elections shall be free and equal. (gr) 

Sect. VI. That trial by jury shall be as heretofore, (h) and the right thereof 
remain inviolate. (i) 

Sect. VII. That the printing presses shall be free (k) to every person who 
undertakes to examine the proceedings of the legislature, or any branch of govern- 
ment; and no law shall ever be made to restrain the right thereof. The free 
communication of thoughts and opinions is one of the invaluable rights of man ; and 
every citizen may freely speak, write and print on any subject, being responsible 
for the abuse of that liberty. In prosecutions for the publication of papers investi- 
gating the official conduct of officers, or men in public capacity, or where the 
matter published is proper for public information, (?) the truth thereof may be 

(a) See 12 S. & K. 353. 6 Wr. 89. And see 1 P. F. Sm. 96, 412. It 

(6) See 9 H. 147. is error, if it do not appear, by the record of 

(c) Christianity is a part of the common the trial of an indictment, that the defendant 
law of Pennsylvania ; not Christianity founded was tried by twelve jurors, lawfully sworn, 
on any particular religious tenets, but Chris- 3 S. & R. 237. A waiver of this right, by 
tianity ^ith liberty of conscience to all men. the consent of the defendant, in a criminal 
11 S. & R. 394, 400. 6 Barr 96. 8 Ibid. 327. case, is a nullity. 7 Am. L. R. 289. 18 N. 
11 Leg. Int. 14. See 2 Story Const. § 1871. Y. 129. The 37th section of the Code of 
1 P. R. 13. 2 How. 198. 9 Am. L. R. 591. Criminal Procedure, giving the commonwealth 
Every religious society, for its own internal four peremptory challenges, does not conflict 
order, and for the mode in which it fulfils its with this provision. 1 Wr. 45. 4 Wr. 462. 
functions, is a law unto itself, provided it keep (?) See 1 B. 424. 5 Barr 204. 7 Pet. 
within the bounds of social order and morality. 551-2. Trial by jury is a constitutional right, 
5 Wr. 14. which cannot be waived bv implication. 6 W. 

(d) Those who keep the seventh day as 133. 7 C. 310. 18 N.Y. 129. The legis- 
their Sabbath, may be punished for working lature has no power either to provide that a 
on Sunday. 3 S. & R. 48. 8 Barr 132. 9 petit jury may be composed of a less number 
H. 426. And see 10 H. 114. 11 Leg. Int. than twelve ; or that a number of the petit 
14. 17 S. & R. 160. jury, less than twelve, mav render a verdict. 

(e) See 2 W. & S. 262. 2 C. 277. 23 Law Rep. 458. I Ch. "Leg. N. 437. A 
(<7) This does not require that the regula- municipal corporation, being the creature of 

tions should be uniform throughput the state, the legislature, cannot claim the constitutional 

10 P. F. Sm. 54. right of a trial by jury. 2 P. P. Sin. 374. 

(A) This does not interfere with the sum- (£) 1 D. 325. 3 Y. 520. 4 Y. 269. 
mary conviction of rogues and vagabonds. (Z) 4 Y. 267. 



12 



CONSTITUTION OF PENNSYLVANIA. 



given in evidence; and in all indictments for libels, the jury shall have a right 
to determine the law and the facts, under the direction of the court, as in other 
cases. 

Sect. VIII. That the people shall be secure in their persons, houses, papers 
and possessions, from unreasonable searches and seizures ; and that no warrant 
to search any place, or to seize any person or things, shall issue, without describing 
them as nearly as may be, nor without probable cause, supported by oath or affirma- 
tion, (a) 

Sect. IX. That .in all criminal prosecutions, the accused hath a right to be 
heard by himself and his counsel, (b) to demand the nature and cause of the accu- 
sation against him,(c) to meet the witnesses face to face,(c£) to have compulsory 
process for obtaining witnesses in his favor ; and in prosecutions by indictment, or 
information, a speedy public trial by an impartial jury of the vicinage : He cannot 
be compelled to give evidence against himself,(e) nor can he be deprived of his 
life, liberty or property, unless by the judgment of his peers, or the law of the 
land.(^) 

Sect. X. That no person shall, for any indictable offence, be proceeded against 
criminally by information, except in cases arising in the land or naval forces, or in 
the militia, when in actual service in time of war or public danger ; or by leave of 
the court for oppression or misdemeanor in office. (K) No person shall, for\he same 
offence, be twice put in jeopardy of life or limb,(Y) nor shall any man's property be 
taken, or applied to public use, without the consent of his representatives, and with 
out just compensation being made.(^) 



(a) A warrant of arrest, issued upon com- 
mon rumor and report of the party's guilt, 
though it recite that there is danger of his 
escaping before witnesses could be summoned 
to enable the judge to issue it upon oath, is 
illegal ; and no officer is bound to execute it. 
3 B. 38. But an arrest for felony may be 
made without warrant. 6 B. 316. 

(/>) It need not appear by the record that 
the prisoner was allowed counsel. 1 Wr. 108. 

(c) The 20th section of the Code of Crimi- 
nal Procedure of 31 March 1860 does not 
conflict with this provision. 1 Wr. 109. 

(g?) In all criminal cases, the witnesses must 
be examined in the presence of the accused, 
and be subject to cross-examination. 1 P. F. 
Sm. 338. This clause applies to impeach- 
ments, which are criminal prosecutions. Por- 
ter's Trial 100-12. But depositions were 
taken and read on the trial of Judge Hopkin- 
son. Hopkinson's Trial 40-3. It does not, 
however, abrogate the common law principle 
that dying declarations are admissible in evi- 
dence in cases of homicide. 7 How. (Miss.) 
655 ; 1 Meigs 265 ; 11 Geo. 355 ; 8 Ohio St. 
131 ; 7 Iowa 347. 

(e) See 3 Y. 515. 24 N. Y. 74. 

(g) A private act is not such a law. 5 
W. & S. 171. 6 Barr 87. And see 1 Curt. 
C. C. 311. It means judgment of law, in its 
regular course of administration through courts 
of justice. 10 Wr. 460. 

(h) See 3 D. 490. 2 D. 112. 1 Y. 206, 
370, 419. 2 Y. 429. 1 S. & R. 382. 

(i) This only applies to capital offences. 
5 C 323. The court, even in a capital case, 
may discharge a jury, before verdict, in case 
of absolute necessity ; but mere inability to 
agree is not such a case ; and if a jury be 
discharged under such circumstances, the 
prisoner may plead it in bar of another trial. 
3 R. 498. 

(k) See art. VII. \ 4. This clause is a 



disabling, not an enabling one. 10 W. 66. 
It is a limitation, not on the taxing power, but 
on the right of eminent domain. 2 Bl. 510. 
There are no other limitations to the power of 
the state over private property, than those 
that are placed upon it by the constitution. 
6 W. & S. 113. The commonwealth has a 
constitutional right to authorize a turnpike 
company to lay out a road through the private 
ground of a citizen without making compen- 
sation for the soil. 6 B. 509. Such com- 
pensation having been originally made in each 
purchaser's particular grant. 3 Y. 373. When 
property is not seized, and directly appropri- 
ated to public use, though it may be subjected 
in the hands of the owner to greater burdens 
than it was before, it is not taken. 9 H. 147. 
6 W. & S. 113. 8 Ibid. 85. 1 Wr. 479. 4 
H. 192-3. 6 Wh. 25. 5 P. F. Sm. 340. See 9 
N. Y. 100. The mere laying out of streets 
through private property, is not a taking within 
the meaning of the constitution ; it is only 
when they are actually opened and applied to 
public use, that the owners are entitled to com- 
pensation. 2 W. & S. 320 i . It is not necessary 
that the compensation should be actually ascer- 
tained and paid before the property is appro- 
priated ; it is enough, that an adequate remedy 
is provided by which the owner can obtain 
compensation without unreasonable delay. 1 
Barr 309. 10 Ibid. 97. 8 P. F. Sm. 26. See 
5 H. 524. And a law limiting the time within 
which the owner's claim for damages shall be 
exhibited, is not unconstitutional. 11 N. Y. 
308. The legislature may, constitutionally, 
require the owners of property benefited by a 
public improvement to pay the damages sus- 
tained by those whose property is taken, in pro- 
portion to the benefits received by each of them. 
3 W. 296. 7 Barr 175. 8 Wend. 85. 4 N 
Y. 419. But the government cannot take the 
property of one citizen for the mei'e purpose 
of transferring it to another, even for a full 



CONSTITUTION OF PENNSYLVANIA. 13 

Sect. XT. That all courts shall be open, and every man for an injury done hiui 
in his lands, goods, person or reputation, shall have remedy by the due course of 
law, (a) and right and justice administered without sale, denial or delay. Suits 
may be brought against the commonwealth in such manner, in such courts, and in 
such cases, as the legislature may by law direct. (6) 

Sect. XII. That no power of suspending laws shall be exercised, unless by the 
legislature or its authority. 

Sect. XIII. That excessive bail shall not be required, nor excessive fines im 
posed, nor cruel punishments inflicted. 

Sect. XIV. That all prisoners shall be bailable by sufficient sureties unless for 
capital offences, (c) when the proof is evideut or presumption great ;(</) and the 
privilege of the writ of habeas corpus shall not be suspended unless when, in cases 
of rebellion or invasion, the public safety may require it. 

Sect. XV. That no commission of oyer and terminer or jail delivery shall be 
issued. 

Sect. XVI. That the person of a debtor, where there is not strong presumption 
of fraud, shall not be continued in prison, after delivering up his estate for the benefit 
of his creditors, in such manner as shall be prescribed by law. 

Sect. XVII. That no ex post facto law,(e) nor any law impairing contracts, shall 
be made.Q/) 

Sect. XVIII. That no person shall be attainted of treason or felony by the 
legislature. 

Sect. XIX. That no attainder shall work corruption of blood, nor, except during 
the life of the offender, forfeiture of estate to the commonwealth ; that the estates 
of such persons as shall destroy their own lives, shall descend or vest as in case of 
natural death;' and if any person shall be killed by casualty, there shall be no for- 
feiture by reason thereof. 

Sect. XX. That the citizens have a right, in a peaceable manner, to assemble 
together for their common good, and to apply to those invested with the powers of 
government, for redress of grievances, or other proper purposes, by petition, addres? 
or remonstrance. 

Sect. XXI. That the right of the citizens to bear arms ; in defence of themselves 
and the state, shall not be questioned. (K) 

compensation, where the public is not inter- (e) Any law changing the punishment of 

ested in such transfer ; such an arbitrary exer- offences committed before its passage, is ex 

cise of power is an infringement of the spirit post facto and void, under the constitution, 

of the constitution, not being within the power unless the change consist in the remission of 

delegated by the people to the legislature. 1 some separable part of the punishment before 

Barr 309. 2 Ibid. 24. 6 Ibid. 91. 1 H. 217. prescribed, or be referable to prison discipline 

4 Ibid. 264. 7 C. 90. 5 P. F. Sm. 16. 6 or penal administration as its primary object. 

N. Y. 358. The legislature may, indeed, au- 22 N. Y. 95. An act granting a new trial is 

thorize a trustee of the legal estate in land to unconstitutional. 3 H. 18. 4 H. 265. 7 Wr. 

convert it into money, for the purpose of dis- 512. 19 Leg. Int. 372. 

tributing the proceeds among the parties (g) See 4 W. & S. 218. 2 Wh. 396. 8 W. 

entitled. 2 Barr 277, 393. 5 H. 434. 9 & S. 49. 5 Wr. 441. 9 Am. L. R. 561. An 

Ibid. 201. But they cannot authorize the sale act of assembly cannot impair a contract made, 

of the property of parties sui juris, and seised after it has passed both houses of the general 

of a vested estate, against their consent. 4 assembly, but before its approval by the go- 

H. 256. 7C. 87. vernor. " 9 C. 202. The legislature, provided 

(a) This requires that the law relating to it does not violate the constitutional prohibi- 
the transaction in controversy, at the time tions, may pass retrospective laws. 7 W. 300. 
when it is complete, shall be an inherent ele- 6 P. F. Sm. 57. Se.« 7 C. 288, 301. 6 P. F. 
ment of the case, and shall guide the decision ; Sm. 46. But a contract which has become 
and that the case shall not be altered in its void, by force of its inherent conditions, can- 
substance by any subsequent law. 9 C. 495. not be reinstated by act of assembly. 3 Wr. 

(b) 6 W.'& S. 116, 117. 435. See 1 P. F. Sm. 9. Whenever a power 

(c) A prisoner charged with homicide, may to repeal, alter, or amend a charter is re- 
be admitted to bail, even after indictment served in it, its exercise does not impair the ob- 
found, where the evidence shows that the ligation of the contract. 5 P. F. Sm. 452. 
offence is not a capital one. 10 Pitts. Leg. J. See 8 Wall. 430. The charter of a municipal 
122. corporation is not a contract within the prohi- 

(c?) This clause has reference to the guilt of bition of the constitution. 9 P. F. Sm. 174. 
the prisoner, not to the nature or degree of the (A) See 2 Litt. 90. 1 Ala. 612. 3 Blackf. 
offence. 10 Pitts. Leg. J. 122. 229. 1 Kelly 243> 24 Texas 394. 

4 



14 CONSTITUTION OF PENNSYLVANIA. 

Sect. XXII. That no standing army shall, in time of peace, be kept Nip without 
the consent of the legislature ; and the military shall, in all cases and at all times, 
be in strict subordination to the civil power, (a) 

Sect. XXIII. That no soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner ; nor in time of war, but in a manner to be pre- 
scribed by law. 

Sect. XXIV. That the legislature shall not grant any title of nobility or here- 
ditary distinction, nor create any office, the appointment to which shall be for a 
longer term than during good behavior. 

Sect. XV. The emigration from the state shall not be prohibited. 

Sect. XXVI. To guard against transgressions of the high powers which we have 
delegated, we declare, that every thing ' in this article is excepted out of the ge- 
neral powers of government, and shall for ever remain inviolate. 

ARTICLE X. 

OP AMENDMENTS. 

Any amendment or amendments to this constitution may be proposed in the senate 
or house of representatives, and if the same shall be agreed to by a majority of the 
members elected to each house, such proposed amendment or amendments shall be 
entered on their journals, with the yeas and nays taken thereon, and the secretary 
of the commonwealth shall cause the same to be published three months before the 
next election, in at least one newspaper in every county in which a newspaper shall 
be published; and if in the legislature next afterwards chosen, such proposed 
amendment or amendments shall be agreed to by a majority of the members elected 
to each house, the secretary of the commonwealth shall cause the same again to be 
published in the manner aforesaid, and such proposed amendment or amendments 
shall be submitted to the people in such manner and at such time, at least three 
months after being so agreed to by the two houses, as the legislature shall prescribe ; 
and if the people shall approve and ratify such amendment or amendments, by a 
majority of the qualified voters of this state voting thereon, such amendment or 
amendments shall become a part of the constitution ; but no amendment or amend- 
ments shall be submitted to the people oftener than once in five years : Provided, 
That if more than one amendment be submitted, they shall be submitted in such 
manner and form that the people may vote for or against each amendment separately 
and distinctly. 

ARTICLE XI.(6) 

OF PUBLIC DEBTS. 

Sect. I. The state may contract debtSj to supply casual deficits or failures in 
revenues, or to meet expenses not otherwise provided for; but the aggregate amount 
of such debts direct and contingent, whether contracted by virtue of one or more 
acts of the general assembly, or at different periods of time, shall never exceed seven 
hundred and fifty thousand dollars, and the money arising from the creation of such 
debts, shall be applied to the purpose for which it was obtained, or to repay the debts 
so contracted, and to no other purpose whatever. 

Sect. II. In addition to the above limited power, the state may contract debts to 
repel invasion, suppress insurrection, defend the state in war, or to redeem the pre- 
sent outstanding indebtedness of the state ; but the money arising from the contract- 
ing of such debts shall be applied to the purpose for which it was raised, or to repay 
such debts, and to no other purpose whatever. 

Sect. III. Except the debts above specified, in sections one and two of this arti- 
cle, no debt whatever shall be created by or on behalf of the state. 

Sect. IV. To provide for the payment of the present debt, and any additional 
debt contracted as aforesaid, the legislature shall, at its first session after the adop- 
tion of this amendment, create a sinking fund, which shall be sufficient to pay the 
accruing interest on such debt, and annually to reduce the principal thereof by a 
sum not less than two hundred and fifty thousand dollars; which sinking fund shall 
consist of the net annual income of the public works, from time to time owned by 
the state, or the proceeds of the sale of the same, or any part thereof, and of the 

(a) See 2 C. 33. (6) First amendment of 1857. 



CONSTITUTION OF PENNSYLVANIA. 15 

income or proceeds of sale of stocks owned by the state, together with other funds 
or resources that may be designated by law. The said sinking fund may be in- 
creased from time to time, by assigning to it any part of the taxes, or other revenues 
of the state, not required for the ordinary and current expenses of government, 
and unless in case of war, invasion or insurrection, no part of the said sinking fund 
shall be used or applied otherwise than in extinguishment of the public debt, until 
the amount of such debt is reduced below the sum of five millions of dollars, (a) 

Sect. V. The credit of the commonwealth shall not, in any manner or event, be 
pledged or loaned to any individual, company, corporation or association ; nor shall 
the commonwealth hereafter become a joint owner or stockholder in any company, 
association or corporation. 

Sect. VI. The commonwealth shall not assume the debt, or any part thereof, 
of any county, city, borough or township ; or of any corporation or association ; un- 
less such debt shall have been contracted to enable the state to repel invasion, sup- 
press domestic insurrection, defend itself in time of war, or to assist the state in the 
discharge of any portion of its present indebtedness. 

Sect. VII. The legislature shall not authorize any county, city, borough, town- 
ship or incorporated district, by virtue of a vote of its citizens, or otherwise, to 
become a stockholder in any company, association or corporation ; or to obtain money 
for, or loan its credit to, any corporation, association, institution or party. (b) 

Sect. VIII. No bill shall be passed by the legislature, containing more than one 
subject, which shall be clearly expressed in the title, except appropriation bills. (c) 

Sect. IX. No bill shall be passed by the legislature granting any powers or 
privileges, in any case, where the authority to grant such powers or privileges has 
been, or may hereafter be, conferred upon the courts of this commonwealth, (d) 

ARTICLE XIL(e) 

OP NEW counties. 

No county shall be divided by a line cutting off over one-tenth of its population 

(either to form a new county or otherwise), without the express assent of such 

county, by a vote of the electors thereof; nor shall any new county be established 

containing less than four hundred square miles. 

SCHEDULE 

to the amendments of 1838. 

That no inconvenience may arise from the alterations and amendments in the 
constitution of this commonwealth, and in order to carry the same into complete 
operation, it is hereby declared and ordained that 

I. All laws of this commonwealth, in force at the time when the said alterations 
and amendments in the said constitution shall take effect, and not inconsistent there- 
with, and all rights, actions, prosecutions, claims and contracts, as well of individuals 
as of bodies corporate, shall continue as if the said alterations and amendments had 
not been made. 

II. The alterations and amendments in the said constitution shall take effect 
from the first day of January 1839. 

III. The clauses, sections and articles of the said constitution, which remain 
unaltered, shall continue to be construed and have effect as if the said constitution 
had not been amended. 

IV. The general assembly which shall convene in December 1838, shall continue 

(a) See 5 Wr. 447. 18 Leg. Int. 404. 15 Ind. 449. 14 Md. 184. 15 Grat. 1. 26 
(6) See 11 Wr. 189. An act authorizing Geo. 182. 14 La. An. 7. lOCal. 315. 2 Met. 
the imposition of a tax, for the payment of (Ky.) 146, 165, 219. 12 Ind. 641. 13 Ibid, 
bounties to volunteers, to fill an 'impending 250. 2 Clarke (Iowa) 280. 5 Ibid. 82 15 
draft, is not forbidden by this section. 14 Texas 311. 2 Stockt. 171. 
Wr. 150. (d) Third amendment of 1864. This doi* 
(c) Second amendment of 1864. It is not not prohibit the erection or division of town- 
necessary that the title of an act should be a ships or school districts by the legislature. 8 
complete index of its contents. 8 P. F. Sm. P. F. Sm. 471. Or the opening of streets. 
226. See 4 P. F. Sm. 353. 8 N. Y. 241. 4 Ibid. 353. 27 Leg. Int. 5. 
16 N. Y. 58. 19 N. Y. 116. 2 Minn. 330. (e) Second amendment of 1857. 



16 CONSTITUTION OF PENNSYLVANIA. 

its session as heretofore, notwithstanding the provisions in the eleventh section of 
the first article, and shall, at all times, be regarded as the first general assembly 
under the amended constitution. 

V. The governor who shall be elected in October 1838, shall be inaugurated on 
the third Tuesday in January 1839 ; to which time the present executive term is 
hereby extended. 

VI. The commissions of the judges of the supreme court, who may be in office on 
the first day of January next, shall expire in the following manner : The commission 
which bears the earliest date shall expire on the first day of January, Anno Domini 
1842 ; the commission next dated shall expire on the first day of January, Anno 
Domini 1845 ; the commission next dated shall expire on the first day of January > 
Anno Domini 1848 j the commission next' dated shall expire on the first day of Jan- 
uary, Anno Domini 1851 ; and the commission last dated shall expire on the first 
day of January, Anno Domini 1854. 

VII. The commissions of the president judges of the several judicial districts, and 
of the associate law judges of the first judicial district, shall expire as follows : The 
commissions of one-half of those who shall have held their offices ten years or more 
at the adoption of the amendments to the constitution, shall expire on the twenty- 
seventh day of February 1839 ; the commissions of the other half of those who shall 
have held their offices ten years or more, at the adoption of the amendments to the 
constitution, shall expire on the twenty-seventh day of February 1842 ; the first half 
to embrace those whose commissions shall bear the oldest date. The commissions 
of all the remaining judges, who shall not have held their offices for ten years at the 
adoption. (a) of the amendments to the constitution, shall expire on the twenty- 
seventh day of February next, after the end of ten years from the date of their com- 
missions. 

VIII. The recorders of the several mayors' courts, and other criminal courts in 
this commonwealth, shall be appointed for the same time and in the same manner as 
the president judges of the several judicial districts; of those now in office, the com- 
mission oldest in date shall expire on the twenty-seventh day of February 1841, and 
the others every two years thereafter, according to their respective dates; those 
oldest in date expiring first. 

IX. The legislature, at its first session under the amended constitution, shall divide 
the other associate judges of the state into four classes. The commissions of those 
of the first class shall expire on the twenty-seventh day of February 1840 ; of those 
of the second class on the twenty-seventh day of February 1841 ; of those of the 
third class on the twenty-seventh day of February 1842 ; and of those of the fourth 
class on the twenty-seventh day of February 1843. The said classes, from the first 
to the fourth, shall be arranged according to the seniority of the commissions of the 
several judges. 

X. Prothonotaries, clerks of the several courts (except the supreme court), 
recorders of deeds, and registers of wills, shall be first elected, under the amended 
constitution, at the election of representatives, in the year 1839, in such manner as 
may be prescribed by-law. 

XL The appointing power shall remain as heretofore, and all officers in the 
appointment of the executive department, shall continue in the exercise of the duties 
of their respective offices, until the legislature shall pass such laws as may be required 
by the eighth section of the sixth article of the amended constitution, and until 
appointments shall be made under such laws, unless their commissions shall be 
superseded by new appointments, or shall sooner expire by their own limitations, or 
the said offices shall become vacant by death or resignation ; and such laws shall be 
enacted by the first legislature under the amended constitution. 

XII. The first election for aldermen and justices of the peace shall be held in the 
year 1840, at the time fixed for the election of constables. The legislature, at its 
first session under the amended constitution, shall provide for the said election, and 
for subsequent similar elections. The aldermen and justices of the peace now in 
commission, or who may in the interim be appointed, shall continue to discharge the 
duties of their respective offices until fifteen days after the day which shall be fixed 
by law for the issuing of new commissions, at the expiration of which time their 
commissions shall expire. 

(a) See 8 W. 331. 



By an assent as general as it is uncommon, DR. WHARTON'S 
TREATISES ON CRIMINAL LAW are received as the most authori- 
tative expositions of the Criminal Law of America now extant, and alike 
indispensable to the Student and the practisi?ig Lazvycr. 



Dr Wharton^ Law Treatises. 

I. A Treatise on the Criminal Law of the United States, 

II. Precedents of Indictments and Pleas, 

III. A Treatise on the Conflict of Laws. 

IV. Medical Jurisprudence. 

V. A Treatise on the Law of Homicide. 

VI. A Treatise on the Law of Negligence. 



PHILADELPHIA: 
KAY & BROTHER, 17 & 19 SOUTH SIXTH STREET, 

Sato lloottstllm, ipufclfsfiers, amfl importers. 

1874. 



u 



DOCTOR WHARTON'S LAW TREATISES. 



From the Hon. WILLIAM B. REED'S Address before the Law 
Academy of Philadelphia. 

" If you want a Book to study while you are Students, and practise with 

when you become Lawyers, where you will find all you want, and, what is 

very important, find it exactly when you want it, I am glad to say, that Book 

is Wharton's Criminal Law '." 



Whartons Criminal Law. 

Seventh and Revised Edition. 3 vols. 8vo. Price $22.50. 

Volume I. Principles, Pleading and Evidence. Volume II. Crimes. 

Volume III. Practice. 

A TREATISE ON THE CRIMINAL LAW OF THE UNITED STATES. By Fran- 
cis Wharton, LL.D., author of "Conflict of Laws," " Precedents of Indictments 
and Pleas," "Medical Jurisprudence," "Law of Homicide," etc. Seventh and re- 
vised edition. 3 vols. 8vo. $22.50. 

In announcing the publication of the seventh edition of Dr. Wharton's Criminal Law, the pub- 
lishers caiinot but express their gratification at the success that has attended the work — the first as 
it is the best American treatise on the subject. If any evidence were needed of the high character 
and standard value of the book, the constant and increasing demand, and the large and numerous 
editions through which it has passed, are the strongest that can be submitted. 

The third volume of this edition is substantially new, and comprehends an independent treatise on 
Criminal Practice. The chapters on " Crimes," which in prior editions were spread over the second 
and third volumes, are now consolidated in the second. The whole work has been thoroughly revised 
and rewritten, and upwards of six hundred pages of additional matter incorporated in the text. To 
enable this extension to be more readily mastered, the topics have been rearranged, devoting the first 
volume to " Principles, Pleading, and Evidence ;" the second to " Crimes ;" and the third to " Practice." 

Recent investigations having shown that the chief maxims and definitions* of the English Criminal 
Law have been largely derived from the Roman and Canon Law, has led to the introduction in this 
edition of a new feature — the references to the early jurists laying down and illustrating these maxims 
and definitions, as well as to such points in the dissertations of the more modern jurists as may be 
consulted with advantage. In making frequent references to these authorities there has been no re- 
laxation of the vigilant scrutiny and careful analysis due to the adjudications of the Anglo-American 
Courts. So far from this being the case, there is not a citation in the former texts which has not for 
this edition been verified, and, as far as known, there is not a single intermediate reported English 
or American criminal decision that has not been scrutinized and introduced. Nor is this all. The 
student will see by comparison that the text has been so subdivided that each point is now presented 
in its own separate analytical place. That the labor thus applied is made only the more fruitful by 
the introduction of cognate foreign jurisprudences, will be conceded by all who will examine the 
sections devoted to "Presumptions," to "Casual Connection," to "Estoppel by Consent," to "Omis- 
sions," to " Conflict of Jurisdictions," to " Conspiracy," and to "Attempts." The treatise now covers 
the whole field of Criminal Jurisprudence, and is commended with confidence to those engaged in 
the application of our criminal law, whether as practitioners or judges. 

TABLE OF CONTENTS. 
Volume I. Principles, Pleading and Evidence. 



Book I, — Op Indictments Generally. 
Chapter I. What Offences are Indictable. II. 
What Persons may be Indicted. III. Principal 
and Accessory. IV. In what Courts Indictments 
are cognisable. V. Form of Indictment. VI. 
Of the Finding of Indictments, and herein of 



Grand Juries. VII. Nolle Prosequi, Motion to 
Quash, Demurrer and Pleas. 

Book II. — Of Evidence on Trial. 
Chapter I. What must be Proved. II. Method 
of Proof. III. Witnesses. 



Volume II. Crimes. 



Book IV. — Offences against the Person. 
Chapter I. Homicide. II. Rape. III. Sodomy. 
IV. Mayhem. V. Abduction and Kidnapping. 
VI. Abortion. VII. Concealing Death of Bas- 
tard Child. VIII. Assaults. 

Book V. — Offences against Propertt. 



Chapter I. Forgery. II. Burglary. III. Arson. 
IV. Robbery. V. Larceny. VI. Receiving 
Stolen Goods. VII. Embezzlement. VIII. Mali- 
cious Mischief. IX. Forcible Entry and De- 
tainer. X. Cheats. XL Secreting Property with 
Intent to Defraud ; Fraudulent Insolvency. 



DOCTOR WHARTON'S LAW TREATISES. 



Book VI. — Offences agatnst Society. 
Chapter I. Perjury. II. Conspiracy. III. 
Nuisance. IV. Lotteries. V. Illicit Sale of In- 
toxicating Liquors. VI. Riot, Rout and Unlaw- 
ful Assembly. VII. Compounding Crimes. VIII. 
Misconduct in Office. IX. Libel. X. Escape, 
Breach of Prison, and Rescue. XI. Bigamy and 
Polygamy. XII. Adultery. XIII. Fornication. 
XIV. Illicit Cohabitation, Incest. XV. Seduc- 
tion. XVI. Duelling. XVII. Attempts. 

Book VII. — Offences against Government. 



Chapter I. Treason. II. Violation of Neu 
trality Laws. III. Offences against the Post- 
Office. IV. Abuse of Elective Franchise. V. 
Forestalling, Regrating and Engrossing. VI. 
Champerty and Maintenance. VII. Bribery. 
Book VIII. — Offences on the Higii Seas. 

Chapter I. Piracy. II. Maltreatment of Crew. 
III. Revolt, Endeavor to make a Revolt, and Con- 
fining Master. IV. Forcing Seamen on Shore. 
V. Engaging in Slave-Trade. VI. Destroying a 
Vessel, with Intent to Defraud Underwriters. 



Volume III. Practice. 



Book IX. — Arrest and Trial. 
Chapter I. Arrest. II. Hearing and Commit- 
ment by Magistrate. III. Presence of Defendant 
in Court. IV. Counsel and their Duties. V. 
Continuances and Process against Witnesses. 
VI. Challenges of Jury. VII. Certain special 
Incidents of Trial. VIII. Conduct of Jury. IX. 
Verdict. X. Motion in Arrest of Judgment. 
XI. Writ of Error. XII. New Trial. "XIII. 



Sentence. XIV. Contempt of Court. 
Book X. — Preliminary Investigation as to 

Agent of Crime. 
Chapter I. General Inquiries. II. Homicide. 

III. Larceny, Embezzlement, Burglary, etc. 

IV. Preparation of Evidence in Arson. V. Iden- 
tification of Offender. VI. Forgery and Counter- 
feiting. VII. Infanticide and Foeticide. 



COMMENDATORY NOTICES OF THE SEVENTH EDITION. 



I have not only found it able and ingenious, 
but find it practically and positively useful in 
lecturing to the class upon the subject of Crimi- 
nal Law. I am quite desirous of bringing down 
the law to the present date, and this phase of 
evidence [Circumstantial Evidence] which you 
have treated of so fully, is exceedingly interesting 
and important, in view of the various theories 
and speculations to which the discussion has 
given rise. — Prof. Emory Washburn, of Har- 
vard Law School. 

It is, undoubtedly, the best work on the sub- 
ject now in use. It utilizes, applies and illustrates 
the law laid down by Hale, Hawkins, Foster, etc., 
in such manner as to bring together text and 
commentary. — Hon. Henry M. Phillips, of 
Philadelphia. 

To publisher and author alike, the proofs of 
the great and deserved popularity of the work, 
cannot be any other than exceedingly gratifying. 
More than three-and-twenty years ago, we became 
practically familiar with the first edition, and 
have noted since then the gradual expansion and 
constant improvement of the work under the 
skilful and pains-taking care of its author. It is 
not probable that its structure will be hereafter 
changed; and when we consider that it has not 
been excogitated at once, but has been gradually 
thought out and constructed by its author, during 
a period of over a quarter of a century, and that 
it embraces the entire domain of Criminal Juris- 
prudence, it may confidently be affirmed, that it is 
destined to remain as one of the principal works 

upon the subject of which it treats In 

every part of this edition, the careful presence of 
the author is observable. While the work retains 
its former character of practical usefulness, this 
edition is distinguished by its copious reference 
to the Criminal Jurisprudence of other countries, 
ancient and modern ; and in this important re- 
spect, the work has been so enriched by the re- 
searches and learning of the author, that it will 
hereafter rank as one of the legal classics in 
American Law. — Hon. John F. Dillon, mi the 
Central Laio Journal. 

The seventh and revised edition of this stand- 



ard work is comprised in three royal volumes, 
covering nearly twenty-five hundred- pages, sub- 
stantially bound, thoroughly indexed, and printed 
in the very best style of the art. There is no 
Treatise on this branch of the law in our lan- 
guage so critical, comprehensive and exhaustive. 
— Southern Law Hevieio. 

More than twenty years ago the first edition 
was our familiar friend. We were then a student 
in an office. It was our wont to puzzle justice, 
personified in a country squire, by floods of learn- 
ing poured out in defence of wrongly-suspected 
innocence, staking the meanwhile our reputa- 
tion upon the correctness of Our law. We got 

that law from the first edition We have 

given a careful examination, and have been struck 
by its orderly method and arrangement, and by 
the ease with which any given subject can be 
found. Moreover, it is written in a clear and 
concise manner, and appears to be more com- 
plete and handier for the practitioner than any 
other work on the same subject, English or Amer- 
ican. — American Law Review. 

Wharton's Criminal Law is now, and has been 
for years, the most popular and practical, as it is 
the most complete, of any work on Criminal Law 
ever published. The successive editions of 1846, 
1852, 1855, 1857, 1861, 1868, and now in 1874, tend 
to show alike the demand for and the apprecia- 
tion of the work by tho profession The 

work has been too long approved by the Bench 
and the Bar of both England and America to 
now need any extended review or commendation. 

The great excellency the work had before 

attained has been materially increased. — Western 
Jurist. 

No writer has so nearly approached the 
versatility and classical learning of Story and 
Kent on Common-Law topics, as has Mr. Whar- 
ton. ...... In examining the work, we do not find 

a single subject, properly coming within the do- 
main of Criminal Law, wh'ch has not been sat- 
isfactorily and fully treated It is not too 

much to say, that there is everything in it which 
Is to be found in any other single work on ' Crim- 



IV 



DOCTOR WHARTON'S LAW TREATISES. 



inal Law ; and much more, that is both new, 
valuable and interesting. It is, in fact, a master- 
piece of legal composition. — Albany Law Jour- 
nal, 

A Treatise on Criminal Law that has passed 
through six editions, and is recognised by the 
profession as ' authority/ can scarcely require 
any further comments. Yet the Seventh Edition, 
which has just been issued, exhibits such de- 
cided improvements in its arrangement, and in 
the addition of so much new and valuable matter, 
that it would be unjust to our brethren, not to ac- 
quaint them therewith No praise on our 

part is required in referring to a work from an 
author of such established high legal abilities." — 
American Law Record. 

Wharton on Criminal Law is a library of it- 
self, and should be the constant companion of 
every person practising in our Criminal Courts. 
— Chicago Legal News. 

This work is the recognised authority upon 
the subject in the United States, and the. mere 
announcement of a new and revised edition will 
insure a large sale. No lawyer who practises in 
Criminal Courts can do without it. — Philadel- 
phia Legal Gazet'te. 

The present edition of a standard authority 
on the subject of Criminal Law, is, to a very con- 
siderable extent, substantially a new work. In 
the leading position it has attained as a work of 
authentic reference on an important branch of 
legal practice, the author has felt himself under 
an obligation to bring its successive issues to the 
highest possible perfection, and he has spared no 

toil for the accomplishment of this purpose 

The treatise now covers the whole field of Crimi- 
nal Jurisprudence. — New York Tribune. 



It would be a great piece of . superfluity for 
us to do more in a compte rendu of the Seventh 
Edition of Wharton's Criminal Law, which ac- 
cording to the judgment of the very "highest 
judges and lawyers of our time, is among the 
most valuable law-books ever anywhere printed 
than to describe the particulars in which this 
edition differs from the sixth, and is an improve- 
ment upon preceding editions. .... We will 
do no more than refer our readers to the several 
parts of this treatise where its author compares 
the Roman and the mediasval manner of deal- 
ing with the question of intent This is 

but one of the many other instances where, as we 
have said, the author has illuminated his expo- 
sition of our System of Criminal Jurisprudence 
with light from the great juridical thinkers and 
expositors of other lands and times. . . .In all 
typographical respects, these volumes are worthy 
of the publishers as they are of the contents, 
which in a far less complete state won the un- 
limited praise of Black, Thompson, Kent and 
Taney. — New York World. 
. A complete library (in little) — a microcosm 

of Criminal Jurisprudence A peculiar 

excellence of the work, which it is impossible not 
to notice in the most cursory examination, is the 
clearness and precision of its plan. The whole 
subject is mapped out with the accuracy and dis- 
tinctness of a chequer-board. Not only does this 
give an earnest of the complete mastery and per- 
fect familiarity which the writer has achieved in 
respect of his topic, but it enables the student to 
follow him with ease, and the practitioner to use 
the volumes with rapidity. ...... Every para- 
graph, from beginning to end, is found in the place 
where one expects it and looks for it. — Boston 
Advertiser. 



COMMENDATORY NOTICES OF PREVIOUS EDITIONS. 



In my opinion it is a work of much merit. — 
Chief Justice Taney. 

A clear, concise and satisfactory statement of 
everything which could be desired on the subject. 
— Mr. Justice Grier, of the Supreme Court of 
the United States. 

Incomparably in advance of anything we have 
upon that subject. — Mr. Justice Strong, of the 
Supreme Court of the United States. 

A most valuable contribution to the learning 
of the profession.. I do not think there is a more 
valuable law-book in print. — Hon. Jeremiah S. 
Black, formerly Attorney-General of the United 
States. 

The arrangement and execution of the work 
do the author great credit. — Hon. J. C. Calhoun. 

I consider it a work of the highest utility, and 
admirably executed. — Chancellor Kent. 

For clearness of method, compactness and 
elegance of finish, it will prove most acceptable 
to the profession. We have no similar treatise. — 
Prof. Greenleaf, Author of " Greenleaf on Evi- 
dence." 

The admirable mass of materials, collected 
with scrupulous exactitude; the well-disposed, 
clear, and logical order of the development; and 
the justice of the practical and critical observa- 
tions, are qualities which will facilitate the study 



of the Criminal Law to every student, and afford 
an excellent digest of cases to every practical 
man. — C. J. M. Mittermair, Professor of Crimi- 
nal Law in the University of Heidelberg, Baden, 
Germany. 

Accurate and compendious. The professional 
man will find in it what he most wants — references 
to all the authorities, conveniently arranged, and 
a good index. — Chief Justice Gibson, Supreme 
Court of Pennsylvania. 

The work is indispensable to a knowledge of 
the Criminal Law and its practice. — Chief Justice 
Thompson, of the Supreme Court of Pennsylvania. 

Wharton's Criminal Law will prove a very 
valuable contribution to that branch of legal 
science. — Chief Justice Read, of the Supreme 
Court of Pennsylvania. 

A work of eminent merit, which I have often 
consulted, when on the lower bench as well as 
since. The present revised and enlarged Edition 
(1868) is truly the most elaborate and valuable 
treatise on this branch of the law ever given to 
the American public. — Chief Justice Agnew, 
of the Supreme Court of Pennsylvania. 

Mr. Wharton's work on Criminal Law has 
attained the place of a standard American book, 
well known and appreciated from one end of the 



DOCTOR WHARTON'S LAW TREATISES. 



country to the other. That it has reached a sixth 
edition alone speaks volumes in its favor. None 
hut a production of sterling value could ever take 
or maintain such a position. It well deserves all 
the reputation it has acquired. It is quoted with 
approbation and respect in the Criminal Courts 
of every state in the Union. — Mr. Justice 
Sharswood, of the Supreme Court of Pennsylvania. 

The very best work for an American practi- 
tioner that can now be procured. In many im- 
portant particulars, it is superior to any other 
work yet published in the English language on 
the subject. — Mr. Justice Lowrie, of the Su- 
preme Court of Pennsylvania. 

The industry and abilities of the author have 
placed the profession under lasting obligations. 
Mr. Justice Lewis, of the Supreme Court of Penn- 
sylvania. 

Especially valuable to all those, whether as 
judges or counsel and advocates, who shall be 
concerned in the administration of Criminal Law. 
— Hon. W. H. Battle, of the Supreme Court of 
North Carolina. 

The best book of reference for the practitioner 
of Criminal Law." — Hon. John K. Kane, Dis- 
trict Court of the U. S., East. Dist. of Pennsylva- 
nia. 

Without it, regular practice in criminal mat- 
ters would, in many places, be impossible. Having 
had constant experience on the bench in the trial 
of criminal cases, I speak advisedly of the esti- 
mation of the book I always have it in 

court on the bench. — Hon. John Perkins, of 
Louisiana. 

I regard the work as one of peculiar merit, 
admirably suited to furnish clear and precise ideas 
of the state of the Criminal Law. — Judge King, 
of the Philadelphia Court of Common Pleas. 

Mr. Wharton's power of analysis and con- 
densation is remarkable, and he has applied it 
with great success, in the many additions and 
improvements contained in the present edition. 
— Judge Thompson, of the Philadelphia Court of 
Common Pleas. 

A reliable guide to those who have occasion 
to consult a treatise upon Criminal Law. Such 
has been my experience. — Judge Allison, of the 
Philadelphia Court of Common Pleas. 

For comprehensiveness of plan and fulness 
and accuracy of detail, it has no superior. I now 
eonsider my Criminal Law Library complete. . . . 
I shall use it in my private class and recommend 
it to the Bar throughout my circuit. — Hon. W. C. 
Goodloe, of the 13th Circuit Court of Kentucky. 

I am altogether pleased with the hook. . . . 
I shall not fail to recommend it to our law school. 
— Hon. John B. Huston, Professor of Criminal 
Law in Kentucky University. 

You may rest assured that I will avail myself 
of this work as a text-book in the Law Depart- 
ment of the University. — Hon. W. F. Bullock, 
Professor of Criminal Law in the University of 
Louisville. 

I have always regarded the work as one of 
the greatest value to the profession, and am happy 
to see that the learned author perseveres in per- 
fecting it. It has long been among the list of 



books recommended to the students of the Albany 
Law School. — Prof. Amasa J. Parker, of the 
Albany Law School. 

I shall heartily and strongly recommend it 
to all who may inquire of me, as to a standard 
work on the subject of which it treats, and as of 
great practical value to the professional reader. 
— Prof. Theodore W. DwiGHT, of the Columbia 
Law School, New York. 

I am reminded of a remark made not long 
since by an eminent jurist of our bar, to whom 
application was made by a young lawyer for a 
list of the books that would constitute a good 
Criminal Law Library ; said the former, 'Your 
library will be complete with Wharton's volumes 
on the body of the Criminal Law, and on Medical 
Jurisprudence, and on Precedents of Pleas, and 
you need nothing else.' Such I believe would be 
the universal verdict from bar and bench. . . . 
I am free to say, that my office practically adopts 
the foregoing recommendation. We have never 
been at a loss to trace a principle or a decision, 
from British or American sources, applicable to 
any mooted point of Criminal Law, in Mr. 
Wharton's hooks. — Hon. A. Oakeyt Hall, of 
New York. 

No American work . upon Criminal Law, so 
thorough in its details. — Western Law Journal. 

It is throughout executed in a pains-taking 
and industrious, yet finished and scholarlike 
manner. — Hunt's Merchants' Magazine. 

Not only masterly treated, but an amount of 
information embodied, divided, and digested in a 
manner altogether unattempted in any previous 
work on Criminal Law, English or American. — 
Pennsylvania Law Journal. 

Full, accurate and complete Mr. 

Wharton has laid the profession under lasting ob- 
ligations, by the masterly manner in which he has 
treated this difficult subject of professional care 
and thought. — American Law Joxbrnal. 

Perhaps the best Treatise on the Criminal 
Law in the English language, and from its prac- 
tical character, must be an indispensable compan- 
ion to the American lawyer. — Philadelphia Le- 
gal Intelligencer. 

The task has been executed in a manner cal- 
culated to add to the already acquired high repu- 
tation of its learned author The Text is 

written with great clearness and perspicuity. — 
New York Legal Observer. 

Mr. Wharton needs no commendation as a 
law-writer at so late a day as this. .... Hie 
book has passed through many editions, and has 
now reached the extent of three volumes, and we 
believe that we do not overstate, when we aver 
that it is, taken altogether, by far the best treatise 
extant on Criminal Law. — From the Boston Post.' 

The display of authorities at the foot of al- 
most every page, give evidence of great research 
and diligence Every department of Crimi- 
nal Law is embraced within the scope of the 
work. — New York Literary World. 

We commend it with all emphasis to the pro- 
fession We consider it by far the best 

work within reach of the American lawyer. — 
North American and U. S. Gazette. 



Tl 



DOCTOR WHARTON'S LAW TREATISES. 



From Ch. Justice THOMPSON, of Supreme Court of Pennsylvania. 

"By far the most complete work on Criminal Pleading extant. It is in- 
dispensable to every Lawyer, let his practice be great or small, in the Criminal 
Courts? 



Whaetons 
Precedents of Indictments. 

Third and Revised Edition. 2 Vols. 8vo. Price $15.00. 

PRECEDENTS OF INDICTMENTS AND PLEAS, adapted to the use both of the 
Courts of the United States and those of the several States, together with Notes on 
Criminal Pleading and Practice, embracing the English and American authorities 
generally. By Francis Wharton, LL.D. Third and revised edition. 2 vols., 8vo. 
$15.00. 

In this edition a series of new Precedents has been introduced, based upon recent legislation. 
Such forms as have become obsolete have been dropped, and others modified so as to adapt the col- 
lection to the practice of the Criminal Courts at the present time throughout the Union. The text 
has been remodelled, classified and greatly enlarged, and additions made to the notes, of such Eng- 
lish and American decisions on Criminal Pleading as have appeared since the last edition was issued. 

The forms which are now presented may be considered under three classes : first, those which have 
been directly sustained by the courts ; second, those which have been prepared by eminent pleaders, 
but which have not been judicially tested ,• and third, those which have been drawn from the English 
books. Those composing the first class, wherever the pleading in the particular case is not set out 
in the report, have been made up by recourse to the records of the court in which the trial took place. 
In preparing the second, I have to acknowledge my indebtedness to the printed volume of Mr. Daniel 
Davis, for many years Solicitor-General of Massachusetts, and to a manuscript collection, begun in 
1778, by Mr. Bradford, Attorney-General successively' of Pennsylvania and of the United States, and 
continued by Mr. J. D. Sergeant, Mr. Jared Ingersoll, Mr. Charles Lee, Mr. Rawle, Mr. A. J. Dallas, 
and Mr. Rush, who were either his contemporaries, or his immediate successors, in the state or 
federal prosecutions. In selecting the forms which fall under the third head, I have relied chiefly 
on the treatises of Mr. Starkie, Mr. Archbold, and Mr. Dickinson, introducing, in addition, a series 
of indictments which have been sustained by the English courts since the date of those publications* 
— Author's Preface, First Edition. 

TABLE OF CONTENTS. 
Volume I. 



Book I. — General Form op Indictment. 
Chapter I. Caption. II. General Form of In- 
dictment at Common Law. III. Commencements 
and Conclusions in the Federal and State Courts. 
1. Federal Courts. 2. State Courts. 
Book II. 
Chapter I. Accessories. 

Book III.— Offences against the Person. 
Chapter I. Homicide. II. Rape. III. Sod- 
omy. IV. Mayhem. V. Abduction — Kidnap- 
ping. VI. Abortion. VII. Assaults. 

Book IV. — Offences against Property. 



Chapter I. Forgery, Coining, Uttering, etc. 
II. Burglary. III. Arson. IV. Robbery. V. 
Larceny. VI. Receiving Stolen Goods. VII. 
Embezzlement. VIII. Malicious Mischief. IX. 
Forcible Entry and Detainer. X. Cheats. 1. 
Cheats at Common Law. 2. False Personation 
of Bail. 3. Secreting Stolen Goods with intent 
to defraud Creditors, and Fraudulent Convey- 
ances. 4. Fraudulent Insolvency, in Pennsylva- 
nia. 5. Violation of Factor Law. 6. Obtaining 
Goods by False Pretences. XI. Destroying a 
Vessel at Sea, etc. 



Volume II. 



Book V. — Offences against Society. 
Chapter I. Perjury. II. Conspiracy. III. 
Nuisance. 1. Obstructions to Highways and 
Water-Courses. 2. Unwholesome Smells, etc. 



3. Disorderly and Gaming-Houses. 4. Profana- 
tion of Lord's Day. 5. Unwholesome Meat, etc. 

6. Scandalous Exhibitions and Indecent Exposure. 

7. Lewdness and Drunkenness. 8. Common 



DOCTOR WHARTON'S LAW TREATISES. 



vu 



Scold, Night-walker, Barrator, etc. 9. Non-Re- 

? airing of Roads. 10. Violations of License Laws. 
1. Offences to dead Bodies. 12. Offences against 
the Lottery Laws. IV. Riot, Affray, etc. 1. 
Riot and Affray. 2. Disturbance of Elections. 
3. Disturbing Religious Meeting. 4. Going 
armed, etc. 5. Refusing to Quell Riot, etc. 
6. Rescue, etc. 7. Assault on and Resistance 
to Officers, etc. V. Compounding Felony. 
VI. Misconduct in Office ; including Extor- 
tion, Neglect of Duty, Escape, and Cruelty to 
Seamen, Children, and Paupers. VII. Libel, 
Blasphemy and Threatening Letter. VIII. Of- 
fences against Foreign Ministers. IX. Bigamy, 



Adultery, Fornication. X. Usurpation, Fore- 
stalling; Holding Illegal Vendue; Maintenance; 
Bribery ; Corruption and Double Voting at Elec- 
tions ; Betting; Embracery; Breach of the Pilot 
Laws in Massachusetts. XI. Challenging to 
Fight. XII. Attempts and Solicitations to commit 
Offences. XIII. Revolt, Piracy, and Violation 
of the Laws concerning the Slave-Trade. XIV. 
Offences against the Post-Office Laws and Revenue 
Laws. XV. Treason, Sedition, and Violation of 
the Neutrality Laws. 
Book VI. 
Chapter I. Pleas and Replication. II. De- 
murrer. 



COMMENDATORY NOTICES OF THE THIRD EDITION. 



This is the largest and fullest collection of 
Precedents ever made. It comprises a full collec- 
tion of Forms of Indictments for common-law 
offences, for offences under the statutes of the va- 
rious states, and for offences under the statutes 

of the United States The authority from 

which the precedonts is taken is, we believe, al- 
ways given. The Notes are brief, well arranged, 
and generally much to the point. — American 
Law Review. 

As a writer^ on Criminal Law, Mr. Wharton 
stands deservedly at the head. For thorough re- 
search and orderly classification, his books are 
models. To the full practitioner they are abso- 
lutely indispensable; nowhere. else can he find 
such a collection of references to cases, with a 
succinct and accurate statement of the point de- 
cided in each. . . . These two volumes by Mr. 
Wharton, contain such precedents of indictments 
and pleas, as the most extensive practitioner in 
any and every state can have occasion to use. 
They have been verified by the adjudications of 
the courts, or prepared by eminent pleaders, or 
drawn from English books, and hence are relia- 
ble. — Western Jurist. 

The reputation of Mr. Wharton, as a writer 
upon Criminal Law, has been firmly established 
with the American bar for many years, and in 
this branch of jurisprudence he is the Chitty of 
America. His works are purely American. His 

Forms are short and to the point These 

two volumes are a library in themselves to any 
criminal lawyer. — Chicago Legal News. 



The author has collected such a mass of pre- 
cedents, applicable to American practice, as can 
nowhere else be found, and these precedents are 
accompanied by such explanations and annota- 
tions as afford all the aid a book of forms in 
Criminal Procedure can ever lend the Criminal 
pleader It is unquestionably the best ex- 
tant work of Criminal Precedents A 

collection of precedents which, so far as human 
foresight can allow, it is safe to say, will reason- 
ably meet every professional emergency. ... A 
Criminal Pleader who knows anything of the 
science of Criminal Pleading, can here find a 
form which by intelligent adaptation to specific 
facts, will give him a good and reliable prece- 
dent These volumes cover precedents in 

State and Federal jurisprudence. The collection 
of United States precedents is of especial value. 
They are both upon the Common Law and upon 
Statutes. ... If the reader will consult the prece- 
dents and notes of some leading heads of the 
Criminal Law, like Homicide, Perjury, Conspir- 
acy, etc., in these volumes, he will be satisfied we 
do not over-estimate the value of Mr. Wharton's 
work. — Boston Post. 

This is unquestionably the best Form Book 
extant in the Department of the Administration 
of Criminal Law. It is also, by its copious run- 
ning commentary, one of the most valuable books 
in practice with which the lawyer can provide 
himself. .... It is as complete a work of its 
kind as is to be found in law literature. — Phila- 
delphia Age. 



COMMENDATORY NOTICES OF PREVIOUS EDITIONS. 



I have examined it with considerable atten- 
tion, and in my opinion, the Precedents are se- 
lected with great ability, and every pleader will 
find them generally, and perhaps without excep- 
tion, safe to follow There is a brevity and 

clearness in most of the forms, which I think 
cannot fail to commend the book to every lawyer 
and judge, and if these are followed, our records 
will be relieved of much unnecessary verbiage. 
— Hon. A. V. Parsons, in an opinion delivered in 
the Philadelphia Quarter Sessions. 

The labors of the intelligent author appear 
to have been performed with care and ability. 
Under the head of Accessories, at pp. 32-34, we 
have a long note embracing the English and 
American authorities. Under Homicide, at pp. 
42-47, we have similar notes of great length and 
value. We may say the same of the notes under 
the head of Forgery, pp. 129-136; Arson, pp. 



183-188; Larceny, pp. 190-192; False Pretences, 
pp. 239-243 ; Perjury, pp. 277-282 ; and Libel, pp. 
545-548. But the notes under the head of Con- 
spiracy, pp. 330-353, are particularly deserving 
of attention : they display great research, in- 
dustry and judgment. . . . The book of Mr. 
Wharton is a highly valuable contribution. Its 
copious collection of American Precedents gives 
it a value in Criminal Practice which we think no 
other work possesses. — Boston Law Reporter. 

Of the whole work we need only say, that 
unusual care appears to have been taken to col- 
lect the forms which are in use in different parts 
of the country. The notes are very full, and a 
great number of authorities are cited. The woik 
will be valuable not merely to Prosecuting offi- 
cers, but to all lawyers practising in the Criminal 
Courts. — Pennsylvania Law Journal. 



via 



DOCTOR WHARTON'S LAW TREATISES. 



From the Hon. CHARLES SUMNER. 
"I have read Mr. WHARTON'S TREATISE on the CONFLICT Oh 
LAWS with much interest. It is correct, philosophical, and replete with 
important information — the residt of careful study. It is a pleasure to wel- 
come such a work'' 



Wharton's Conflict of Laws. 

One Volume Svo, Price $7.50. 

A TREATISE ON THE CONFLICT OF LAWS; or Private International Law; 
including a comparative view of Anglo- American, Roman, German and French 
Jurisprudence. By Francis Wharton, LL.D. 8vo. $7.50. 

It is a remarkable fact, that for nearly forty years, no new book has been published, upon this side 

of the ocean, upon the subject of the Conflict of Laws, until now We think it fortunate that 

the task of rejuvenating this subject has been undertaken by Mr. Wharton, not only because of his 
experience and high reputation as a writer, but because of the favorable opportunities, which he 
tells us in his preface, he has had during a temporary residence in Germany, of studying what he 
calls "that complex but most philosophic system of jurisprudence which has grown up in Germany 
for the determination of private domestic relations." He has, therefore, had the advantage of draw- 
ing fresh from the fountain the new ideas he has given us upon the subject, as those of the most 
distinguished jurists of the civil law, who have given their thoughts to it since the days of Judge 
Story, and has gathered his knowledge by going to the very source to which all writers upon inter- 
national law are principally indebted for their law as well as their reasons ; for it is a fact, whether 
from a distaste for a subject so full of complex and unsettled questions, or from the practical turn of 
mind which the study of the common law and the everlasting hunt after precedents gives them, that 
both the English and American lawyers have shown, from the earliest times, a seeming aversion to the 
discussion of so speculative a subject as the conflict of laws must necessarily be, based as it is upon 
no positive law, but upon the comity of nations. It is, however, to be remembered also, that with 
them, until within less than a century, there has not been the same occasion for the discussion of such 
questions ; whereas, amongst the continental jurists, such cases of conflict have been constantly 
occurring, for centuries, between the laws of their numerous contiguous states and communities ; from 
the discussions growing out of which has been built up a system from which we have been content 

to adopt nearly or quite all the law we have upon the subject The book abounds in valuable 

information, and we must do its author the justice to say, that in our judgment, he has industriously 
and thoroughly studied his subject, and that he is a bold and decided thinker, and not afraid to com- 
bat an idea, because it has become venerable by age, when he believes it founded in error. He has 
an opinion of his own on all the questions which he discusses, and never leaves us in doubt what 
that opinion is, which, as we think, is no small commendation of an author. — Southern Law Review, 
Article on Private International Law, by R. Hutchinson, Esq. 

TABLE OF CONTENTS. 



Chapter I. Introductory Observations. 

I. Recent Causes modifying Private Inter- 
national Law. II. Doctrines of Private Inter- 
national Law to be here maintained. 

Chapter II. Domicil. 

I. Definition. II. Historical Principles. III. 
Particular Relations. IV. Municipal Burdens 
arising from Domicil. V. Jurisdiction {forum) 
attached by Domicil. 

Chapter III. Personal Status. 

I. Questions at issue as to the Extra-Territorial 
Force of Statutes determining Personal Status. 
II. Solution based on the Classification of Stat- 
utes, as Personal, Real, and Mixed. III. Solution 
based on the General Supremacy of the Law of 



Domicil. IV. Solution based on the Position 
that Statutes which destroy Capacity are dis- 
favored internationally, while those which protect 
capacity are favored. V. General Points appli- 
cable to each Solution. 

Chapter IV. Marriage and Divorce. 

I. Marriage an International Institution. II. 
Inter-requisites of Marriage. III. How far Per- 
sonal Rights are affected by change of Residence 
after Marriage. IV. Mode of Celebration. V. 
Effect of Marriage on Property. XI. Divorce. 

Chapter V. Parental Relations. 

I. Legitimation. II. Adoption and Arrogation. 
III. Paternal Power. IV. Alimentation or Main- 
tenance of illegitimate Children. 



DOCTOR WHARTON'S LAW TREATISES. 



IX 



Chapter VI. Guardianship. 

I. How to be constituted. II. How to be ad- 
ministered. III. Peculiarities in cases of Luna- 
tics, Spendthrifts, etc.. 

Chapter VII. Law op Things. 

I. When things are the subjects of Property. 
II. Immovables. III. Movables. IV. Prescrip- 
tion and Limitation. V. Confiscation and Es- 
cheat. VI. Processes in rem. VII. Bankrupt 
Assignments. 

Chapter VIII. Obligations and Contracts. 

I. Introductory Remarks. II. The Law of the 
Place or Performance, as determining an Obliga- 
tion. III. From what the Place of Performance 
may be inferred. IV. The Position and Effect 
of the Place of Obligation. V. Special Circum- 
stances from which the applicatory Local Law 
may be inferred. VI. Particular Cases. VII. 
Effects of Obligations. VIII. How Obligations 
may be Barred. IX. Assignment of Obligations. 

Chapter IX. Succession and Wills. 

I. Theory of the Roman Law. II. Theories 
of the Modern Law. III. Personal Capacity of 
Testators. IV. Personal Capacity of Successors, 
and herein of Alien Successors. V. Mode of Ex- 



ecution and Revocation of Wills. VI. Construc- 
tion of Wills. VII. Contracts for Succession. 
VIII. Trusts. IX. Escheats and Caducary 
Rights. X. Foreign Administrators. XI. Cur- 
rency in which Distributees are payable. XII. 
Taxes on Succession. XIII. Effect of Probate 
of Will. XIV. Practice in trying Issue as to 
Will. 

Chapter X. Practice. 

I. Formality and Authentication of Documents 
(Locus regit Actum). II. Jurisdiction of Courts. 
III. Commissions to take Testimony. IV. Parties. 
V. Form of Suit and Process. VI. Attorneys 
and Factors. VII. Evidence. VIII. Lis pen- 
dens. IX. Set-oft' and Want of Consideration. 
X. Statute of Limitations. XI. Foreign Judg- 
ments. XII. Bankruptcy. 

Chapter XL Criminal Law. 

I. Theories of International Criminal Jurisdic- 
tion. II. Particular Cases. III. Defences. IV. 
Extradition. 

Appendix A. — Recent German Theories. B. — 
Friedberg on the Marriage Right. 0. — Early 
Literature. D. — English Extradition Statute of 
1870. 



COMMENDATORY NOTICES. 



The work of Dr. Wharton is a contribution 
to this branch of the legal science of much 
merit, and will be of the greatest practical use to 
all who are occupied with the adjudication, either 
in Courts or in Commissions, of international 
law cases. The author shows comprehensive 
familiarity with the different systems of law of 
the most advanced nations on the continent, as 
well as with the English and American, and the 
Roman Civil Law, while, so far as I have been 
able to examine this work, his reading and learn- 
ing do not stifle his sound judgment or practical 
common sense — a circumstance not as frequent 
as it is necessary. .... The work of Dr. 
Wharton will be received with esteem, perhaps 
with cordiality, by the European nations promi- 
nent in jural science — the Germans, English, 
Italians, French, and Belgians. — Francis Lie- 
ber, LL. D. 

I am greatly indebted to you for a copy of 
"Wharton on the Conflict of Laws," which I have 
read with more than satisfaction. The science 
if Private International Law has made remark- 
able advances in late years, and is becoming of 
such vast consequence, that it should be more tho- 
roughly understood than it is by most members 
of the legal profession. Mr. Wharton's book 
has rendered a large acquaintance with it not 
only possible, but easy. It is very thorough and 
accurate, and far in advance of anything we have 
upon this subject, on either side of the water. A 
noble contribution to sound legal learning. — 
Mr. Justice Strong, of Supreme Court of U. S. 

A book of much research and great ability, and 
convenience, as I have already had occasion to 
know. — Mr. Justice Bradley, of the Supreme 
Court of the United States. 

I have examined with great interest " The 
Treatise on the Conflict of Laws ; or, Private In- 
ternational Law," by my friend, Dr. Wharton. 
.... The account of the early literature of the 
subject, with the notices of Machiavelli, and 
Bacon, and Milton, and Montesquieu, is very at- 
tractive and instructive ; and I have read this 



portion of the work with the highest gratifica- 
tion. — Hon. Robert C. Winthrop. 

After considerable examination of the " Con- 
flict of Laws," by Francis Wharton, Esq., LL. D., 
I am much impressed with its great value in de- 
termining questions of private international rela- 
tions. It seems to me invaluable in that respect. 
Intercourse between nations is incomparably 
greater now than at any precedent period of the 
world, and it is likely to increase with time. For 
this reason, such a work as this is needed to com- 
plete every lawyer's library. — Chief Justice 
Thompson, of the Supreme Court of Pennsylvania. 

Dr. Wharton has placed the profession under 
obligations for many valuable works heretofore, 
but, in our judgment, his most lasting and solid 
fame will rest upon this very able, learned, and 
exhaustive treatise on " The Conflict of Laws." 
— Southern Law Revieic. 

We have been much pleased with Dr. Whar- 
ton's book; he has shown great diligence in col- 
lecting the later authorities; his arrangement, 
though elaborate, is lucid, and the work is the 
most valuable addition to the English literature 
on the subject since the publication of Judge 
Story's treatise. Not the least merit of the 
learned author is the attractive style, not a com- 
mon gift among legal writers, in which he has 
clothed this interesting branch of the law. Few 
law-books could be read by an intelligent layman 
with greater pleasure and profit than this. — 
American Laio Revieic. 

The work is an elaborate treatise on the do- 
mestic relations with respect to the conflict of law 
therein ; and this conflict is involved in about 
every case of divorce, and in many cases, con- 
cerning guardian and ward. Hence the work is 
a necessity for almost every practitioner. The 
author is too well known as a legal writer to 
require any commendation at our hands. — Western 
Jurist. 

Mr. Wharton's present treatise is profound 
and scholarly ; an honor to himself, and to our 



DOCTOR WHARTON'S LAW TREATISES 



country, too, where the author's name has long 
been familiar as that of a successful writer on 
Criminal Law. We have read this book in por- 
tions with great interest, and we strongly com- 
mend to the law-student the essays in the Appen- 
dix; particularly a vigorous one on the early 
literature of private international law, which will 
make the reader familiar with Boullenois, the 
Voets, and other publicists, whose' names one 
often hears without the slightest knowledge of 
their works. — United States Jurist. 

Mr. Wharton is at home on the subject of 
American Inter-state Law, having written several 
well-known treatises upon Criminal Law, which 
are standard authorities in that department in 
every section of the country. We believe he has 
performed his last work thoroughly and well, and 
are confident that the book before us will find 
place in the law libraries of the world alongside 
of that of his great predecessor, Story. — Albany 
Law Journal. 

To the lawyer in general practice, few books will 
be found more useful than Wharton on the 
Conflict of Laws. — Chicago Legal News. 

We would feel perfectly satisfied if we could 
impress, even slightly, the importance of the 

work upon the minds of our readers In 

this law-book-making age we have met with no 
work or compilation which has given us such 

genuine satisfaction in its perusal The 

author wins new laurels by this work. — Pacific 
Laic Reporter. 

It seems to cover, substantially, the entire 
ground, in admirable order. By his previous 
works on Criminal Law and Criminal Pleading. 
Mr. Wharton established a good name among 
American law-writers ; but this work covers an 
infinitely higher range, and demands investiga- 
tions not usual with American lawyers, and some- 
what beyond the usual study of an ordinary juris- 
consult. It would be difficult to select any por- 
tion of this volume which could properly have 
been omitted ; but the chapters of Domieil, of 
Personal Status, of Divorce, of Obligations and 
Contracts, and of Succession and Wills, are of 
especial practical value. Here will be found dis- 
cussed, questions of almost every-day occurrence, 
with an appliance of learning, both old and new, 
quite out of the ordinary range of legal study ; a 
depth of clearness of thought, revealing the high- 
est attributes of mind ; reasoning, severe and 
vigorous, in a style easy and unpretentious. The 
volume will be found to be one of the most solid 
and substantial contributions to judicial science 
in modern times. — Boston Post. 

Mr. Wharton's reputation renders it unneces- 
sary to enlarge upon the statement that his work 
is an elaborate and interesting contribution to 
legal literature. Appended to the main work are 
some cognate papers, evidently suggested by the 
author's sojourn in Germany. That entitled 
u Friedberg on the Marriage Rite " embodies some 
curious learning, and that on the scholastic and 
philosophic jurists is of great interest. — New York 
World. 

The most casual glance at its pages is sufficient 
to recognise the fine ability displayed by the 
learned author in all his other works. The subjects 
"Personal Status" and "Marriage and Di- 



vorce," which so long agitated the English and 
Scotch courts, are treated with satisfactory fulness 
and great research. The chapter upon " Obliga- 
tions and Contracts" is specially deserving atten- 
tion. The appendix " C," on the early literature 
of this topic, is the most entertaining portion of 
the work The subject is the most philo- 
sophical and speculative which can engage the 
thoughts of the regular practitioner, and by its 
theories and matter brings the profession within 
the territories of statesmanship. We cordially 
commend the work. — Louisville Courier-Journal. 

Important changes give rise to new rights and 
obligations, upon which the learned work of Judge 
Story on the Conflict of Laws is necessarily silent, 
and which no single work has hitherto satisfac- 
torily discussed. The unfolding and elucidation 
of these is what Mr. Wharton has attempted in 
this work. In the execution of this attempt he 
has carefully, industriously, and conscientiously 
examined, and given references to laws, treatises, 
and decisions bearing upon the points he presents, 
and digested them and given the results of hia 
careful thought. He has presented a book not 
only valuable to the legal profession, but to the 
abroad-going community, for whom it may solve 
many perplexing questions.— Baltimore American. 

In this work the learned author furnishes not 
only a general, but, where necessary to the eluci- 
dation of the text, a critical analysis of American, 
Roman, German and French jurisprudence, so far 
as their respective codes have an international 
application. The object of the author is to state 
the international law, both in its results, and 
reasons, as it is now applied in England, Germany, 
France and the United States. He has accom- 
plished his purpose in a most masterly way; the 
arrangement and division of his subjects are 
perfect. His style is a model. No one can read 
this treatise without being impressed with two 
facts : the wonderful learning of the author, and 
his fearless independence. Wherever he attacks a 
theory he never fails to accord to it every support 
it has received from other quarters. ... In a 
most especial manner do we commend this book 
to the legal profession. — Richmond Inquirer. 

I have learned much from your excellent 
work. — Prof. L. V. Bar, of Berlin, Prussia. 

I had the satisfaction when, a day or two ago, 
a question on the Conflict of Laws was discussed 
before me in court, to draw the attention of the 
bar to this new and, I doubt not, excellent contri- 
bution to our legal literature. — The Right Hon. 
Sir R. J. Phillimore, London. 

A glance at it is sufficient to show that it is 
a work of great importance. — J. Westlake, 
Author of a Treatise on Private International Law, 
London. 

It is a work in which, added to a careful col- 
lection of facts, there is*an attempt to deal sci- 
entifically with the law, and to lay down princi- 
ples rather than mere dicta. . t . . Dr. Wharton 
possesses a clear way of marshalling his argu- 
ments and his facts, and great acuteness in get- 
ting at the principles involved. . . . For those 
who have to make themselves acquainted with 
questions involving a Conflict of Law, we should 
say, refer to Westlake and to Wharton. — London 
Law Magazine. 



DOCTOR WHARTON'S LAW TREATISES. xi 



From Prof. ORDRONA TJX, of Columbia Law School, New York. 
" The only work in our language which treats of Psychological Law as a 
systematic branch of Jurisprudence. ... A mirror of Medical Jurispru- 
dence and a Text- book of reliable authority for both Lawyers and Physicians" 



Wharton & Still^s 
Medical Jurisprudence. 

Third Edition, 2 vols. In 3. 8vo. Price $19.50. 

WHARTON & STILLE'S MEDICAL JURISPRUDENCE. Volume I. A Treatise 
on Mental Unsoundness, embracing a General View of Psychological Law. By 
Francis Wharton, LL.D. Volume II. Part 1. The Foetus and New-Born Child, 
and Difference of Sex. By Samuel Ashhurst, M.D., of Philadelphia. Poisons. 
By Robert Amory, M.D., of Brookline, Mass. Volume II. Part 2. Wounds and 
Signs of Death. By Wharton Sinkler, M.D., of Philadelphia. Survivorship, 
Malpractice, Homicide, Identity, Experts, and the Psychological and Legal Notes. 
By Francis Wharton, LL.D. Third edition. 2 vols, in three. 8vo. $19.50. 

These volumes present the combined results of the learning of the two professions, brought down 
to the very latest period in a manner wholly unattempted since the time of Paris and Fonblanque, 
now some fifty years ago. It is perhaps needless to say', that the advance made in both law and 
medicine since that day has almost revolutionized the subject. Though there have been other works 
published, they have been the sole production of authors who were either lawyers or physicians. 
Consequently, the legal or the medical view has preponderated, according as the work was the labor 
of a writer belonging to one or other of the professions; but in this work we have the joint labors of 
the two, on a plan so happily and harmoniously conceived and executed, that the knowledge of the 
one is the completion of the other, and the learning of the two is so appositely stated and exactly 
interwoven, that though the book is the product of different hands, it has all the finish, system and 
consistency of the work of a single mind. 

TABLE OF CONTENTS. 

Volume I. 

Book I. — Mental Unsoundness. Delusions and Hallucinations. K. Mental Un- 

Chapter I. Mental Unsoundness in its Legal soundness as connected with lucid intervals. 

Relations. A.- What degree of Mental Unsound- Chapter III. Treatment of Insane Criminals, 

ness invalidates a Contract or Will. B. What is A. Retribution. B. Prevention. C. Example, 

to be proved in order to deprive a party of the D. Reform. E. Why our present system should 

management of his estate. C. What avoids Re- be remodelled. 

sponsibility for Crime. D. How far Intoxication Chapter IV. Psychical Indications of Crime, 

affects Responsibility. E. Insanity as related to A. Prior to Crime. B. At Crime. C. After 

Life Insurance. F. Insanity when disqualifying Crime. 

a Witness. G. Evidence of Insanity. Appendix. — Medical Juridical Opinions. I. 
Chapter II. Mental Unsoundness considered Homicidal Attempt. " Fanatico-Mania." II. 
Psychologically. A. General Theories on Men- Fraud, "Insane Delusions," Simulation. III. 
tal Unsoundness. B. How Mental Unsoundness Larceny, Simulated Imbecility. IV. Larceny, 
is to be detected. C. From what Mental Un- Simulated Mania, Tests. V. Attempted Infanti- 
soundness is to be distinguished. D. Mental cide, Hystero-epilepsy, Melancholia. VI. Lar- 
Unsoundness connected with derangement of the ceny, Initial stage of Paralysis. VII. Killing 
Senses and Disease. E. Mental Unsoundness as of Child, Melancholia. VIII. Homicide, " Ma- 
connected with Sleep. F. Mental Unsoundness nia transitoria," Intoxication. IX. Business 
as affecting the Temperament. Qt. Mental Un- Capacity, Intermission. X. Homicidal Attempt, 
soundness as affecting the Moral Sense. H. Men- Insane Delusion. XI. "Kleptomania" by an 
tal Unsoundness as connected with Prostration. Educated Man. XII. "Kleptomania" by a 
I. Mental Unsoundness accompanied with Deli- Cultivated Woman, 
rium. J. Mental Unsoundness as connected with 



Xll 



DOCTOR WHARTON'S LAW TREATISES. 



Volume II. — Part I. 



Book II. — Questions Relative to the Fce- 

TUS AND NEW-BORN CHILD. 

Chapter I. Signs of Pregnancy. II. Delivery. 
III. Duration of Pregnancy. IV. Superfoeta- 
tion. ' V. Abortion and Foeticide. VI. Infanti- 
cide. 

Book III. — Questions arising out op the 
Difference of Sex. 
Chapter I. Doubtful Sex. II. Sexual Disa- 
bility. III. Rape. 

Book IV. — Questions relative to Identity. 
Chapter I. Identification of the Living or 
Dead. 

Volume II. 

Part II. Other forms of Violent Death. 
Chapter I. Wounds. II. Burns and Scalds. 
III. Spontaneous Combustion. IV. Heat and 
Sunstroke. V. Lightning. VI. Cold. VII. 
Starvation. VIII. Suffocation. IX. Strangu- 
lation. X. Hanging. XL Drowning. XII. 
Signs of Death. XIII. Medico-Legal Examina- 
tions. 

Book VI. Survivorship. 

Book VII. Medical Malpractice. 



Book V. — Questions relative to the Causk 
of Death. 

Part I. — On Poisons. 
Chapter I. Poisons. II. Irritant Poisons — 
Acids. III. Irritant Poisons — Alkaline. IV. 
Irritant Poisons — Metalloidal. V. Irritant Poi - 
sons — Metallic. VI. Irritant Poisons — Vege- 
table. VII. Irritant Poisons — Animal. VIII. 
Narcotic Poisons. IX. Narcotic Poisons (con- 
tinued). X. Miscellaneous Poisons. XL Poi- 
sonous Gases. XII. Method of Analysis of 
Gases. XIII. On Preliminary Formalities in a 
Judicial Examination. 

—Part II. 

Chapter I. Civil-Law Practice. II. Common- 
Law Practice. 

Book VIII. Legal relations of Homicide, 
Foeticide and Infanticide. 
A. Elementary Definitions. B. Corpus Delicti. 
C. Intent and Design, from what inferred. D. 
Infanticide and Foeticide. 

Book IX. Legal relations of Identity. 

A. Of Persons Living. B. Of Persons Dead. 

Book X. Legal relations of Experts. 



COMMENDATORY NOTICES OF THIRD EDITION. 



The learned author, who confessedly stands in 
the front rank of modern law-writers, has given 
to the Profession, in the Volume before us. an ex- 
haustive treatise upon the subject of Mental Un- 
soundness and general Psychological Law. . . . 
It is one of the most intensely interesting law- 
books we have ever read. — Western Jurist. 

The mass of valuable information for such 
purposes contained in this book is enormous, and 
it is such as can be found nowhere in such a 
valuable shape as here. Commendation of Dr. 
Wharton's books would seem to be a work of su- 
pererogation. Tbeir sale is said to be very great ; 
and they are referred to by way of illustration, 
and even seem to be cited as authority by judi- 
cial tribunals, to a degree unexampled 

This fact is perhaps due as well to the character 
of the subjects as to the admirable manner in 
which they are treated. — American Law Review. 

There is good reason to congratulate not only 
the profession for whose use it is designed, but 
also the country at large, for the issuance of this 

3d edition To the student the work will be 

found exceedingly interesting, and to the active 
practitioner, invaluable. — Southern Law Review. 

As a legal writer and as a jurist, his name and 
reputation are familiar to every student of law. 
.... Professor Wharton in this, as in all his 
other treatises, does not enter any speculative field, 
nor trespass obtrusively upon the grounds devoted 
to the scientist, but judiciously examines the prin- 
ciples as recognised in law, and deduced from 
stubborn facts. — American Law Record. 

He goes through the whole range of insanity, 
giving, by way of preface, a very interesting 
sketch of its historical development. What most 
concerns the practical lawyer appears in the first 
three hundred pages, which are devoted to mental 
unsoundness in its legal relations. After this we 
have mental unsoundness, considered psychologi- 
cally ; and here the medical tests of insanity, and 
the various forms of mental disease, are well de- 
picted. Then succeeds a chapter on the treatment 



of insane criminals ; followed by a final one on 
the psychical indications of crime. Valuable Eu- 
ropean medico-juridical opinions appear in an 
Appendix. — United States Jurist. 

(Notice of Vol. I.) Compares favorably with 
the " Criminal Law" and the " Conflict of Laws," 
of the distinguished Jurist, and its exceptional 
importance will insure its additional success, 
(Notice of Vol. II.) These volumes present the 
whole subject of Medical Jurisprudence, and so 
thoroughly and exhaustively is each topic dis- 
cussed, that one using it will seldom find it neces- 
sary to resort to other works on special topics. — 
Albany Law Journal. 

Since the work was first issued, no branch of 
the law has made such rapid strides as that of 
Medical Jurisprudence, and there is none upon 
which every lawyer, whether making criminal 
law a specialty or not, should be so well read. . . 
This edition is, indeed, substantially a new 
treatise The most recent, perfect and ex- 
tended work extant. — Pacific Law Reporter. 

Characterized by fulness and clearness of state- 
ment The work constitutes a most com- 
plete and valuable encyclopaedia of Medical Juris- 
prudence. — London Solicitors' Jour, and Reporter. 

One of the most classical of American legal 
writers. He has the rare faculty of clothing the 
most technical subjects in elegant language, so 
that he can be read with pleasure as well as profit. 
I know no legal writer, since Blackstone, who 
has attained to such perfection in this regard. Dr. 
Wharton's present work displays great learning 
and research, especially into the modern German 
authorities. — Frederick C. Brightly, Esq. 

As a Law-writer second to none of a late day. 
. . . He marshals principles by the work of 
reason, in a manner showing original power, 
profound thought, liberal sentiment, and rare 
scholarly culture. — Boston Post. 

Invaluable to the lawyer. It bristles with 
authorities, and is at the same time rich in state- 



DOCTOR WHARTON'S LAW TREATISES. 



xm 



ments of curious cases. No lawyer should go 
before a jury to argue for the complete or partial 
insanity of his client without consulting Dr. 
Wharton's book. — Boston Daily Globe. 

Unquestionably the best book on Medical Juris- 
prudence known to the Profession. — Richmond 
Inquirer. 

(Notice of Vol. I.) It is a great contribution 
to the law, which cannot fail to bring to its au- 
thor an increase of well-deserved reputation. 
(Notice of Vol. II.) It is not saying too much, 
that its reputation and esteem with both profes- 
sions have increased more rapidly than its years. 
Every change in the legal or medical views on 
these subjects is noted and discussed with sound 
philosophical ability. The advancement of moral 
science in its investigations is fully set forth in 
its pages. It is indeed the joint product of the 
learning and thought of the two professions, and 
as such is worthy of all acceptation by their prac- 
titioners. — Louisville Courier-Journal. 

The work before us is a very complete one. It 
brings down to the present time all the best re- 
ceived doctrines of Medical Jurisprudence. . . . 
All the recent cases are alluded to, and nothing 
seems to have been left undone to render this work 
a thorough text-book upon its important subject. 
.... Indeed, the whole work is one which will 
prove invaluable to the professional man. — Chi- 
cago Inter-Ocean. 

I do not think there is in any language so 
philosophical and complete a treatise on the sub- 



ject of Mental Unsoundness. It is a work of 
which you and the country may well be proud. — 
William A. Hammond, M. D., Professor of Dis- 
eases of the Mind, etc., in Bellevue Hospital Medi- 
cal College, New York. 

The whole work is in my opinion one of the very 
best authorities extant, on the subject on which it 
treats. — John J. Reese, M. D„ ProfessorofMedi- 
calJurisprudence in the University of Pennsylvania. 

(Notice of Vol. I.) This Treatise is sub- 
stantially a new one, and the effort has been 
made to place before the reader a complete sum- 
mary of the well-established principles of Psy- 
chological Law, as also the progress in this 
science during the past decade. We can heart- 
ily commend it to our readers as being the best 
and latest work on the subject which it treats. 

(Notice of Vol. II.) The work is brought 
down to the present time, and includes the most 
recent and important legal decisions. The names 
of the authors furnish a satisfactory guarantee 
as to accuracy and scientific character. .... It 
must become the standard authority. — American 
Journal of Insanity. 

The practitioner could hardly place in his li- 
brary a book to which he could turn with more 
confidence that he would find therein a satisfac- 
tory statement of opinions and facts upon any 
point within the extensive range of medical ju- 
risprudence The sections on poisons, 

which is one of the more strictly medical ones, is 
really complete. — Boston Med. and Sur. Journal. 



NOTICES OF PREVIOUS EDITIONS. 



My impressions are very favorable ; and it ap- 
pears to me to be more full and complete than 
any previous work upon the subject. Indeed, the 
reputations of Mr. Wharton and Dr. Stille in 
their respective professions, are strong prima, 
facie evidence of the nature of the work. — Hon. 
R. B. Taney, Chief Justice of the United States. 

Hardly a stronger guarantee could be afforded 
to the American bar that the work has merit, than 
the fact that Mr. Wharton was author of the legal 
portion of the work. — Judge Catron, of the 
United States Supreme Court. 

New it is, and excellent it is. I have not had 
time to examine it critically, but have read 
enough to convince me that it is an instructive 
and valuable work. Some of its topics, which 
are quite new in a book on this subject, are shown 
to be among the most important. — Prof. Parsons 
(Author of " Parsons on Contracts"), of the Cam- 
bridge Law School. 

This is an original and truly valuable work, re- 
flecting much credit on it authors and upon this 
department of American science. The learned 
treatise of Dr. Beck upon the same subject has long 
been justly esteemed by those whose duties as 
teachers or medical jurists have led them to study 
its contents. The present work covers all the im- 
portant ground occupied by the former with su- 
perior method and compactness ; while it is much 
fuller in American references, both medical and 
judicial. — Silliman'a American Journal of Sci- 
ence and Arts. 

As far as we are able to determine, it is per- 
fectly reliable in its doctrine and citations, and 
may be said to have been brought, in some of its 



cases and recently established practice, in ad- 
vance of any other of the standard manuals 
yet published in our language. — Philadelphia 
Medical Examiner. 

This essay is so full that it may be consid- 
ered a complete treatise upon the medical juris- 
prudence of insanity. The remainder of the work, 
for the most part the production of Dr. Stille, 
gives evidence of great industry in the collection 
of material, and a souud, discriminating judg- 
ment in its arrangement, and in the deduction 
therefrom of rules and principles for the guid- 
ance of medical and legal men. The section on 

poisoning is especially full and complete 

The work, as a whole, we unhesitatingly com- 
mend to the attention of the medical profession. 
It is better adapted to the American practitioners 
than Taylor's Manual, and has the advantage of 
Beck's Treatise in being later in publication, and 
far more accessible. — New York Journal of Med- 
icine. 

There can be no doubt of the value of such a 
work when completed, if we may judge by that 
portion of it which we have now before us (the 

first 228 pages) The work is divided into 

two heads, or chapters; the first upon "Mental 
Unsoundness, in its legal relations ; the second, 
upon " Mental Unsoundness, considered Psycho- 
logically." Under this last head, are described 
every phase, every symptom, every modification 
of this dreadful malady His examina- 
tion of the symptoms of madness (especially in 
its incipient stages), and of the methods for de- 
tecting it, when simulated, are in the highest de- 
gree accurate and valuable. — Dublin Bevieio. 



xiv DOCTOR WHARTON'S LAW TREATISES. 



Whartons Law of Homicide. 

Second Edition, Svo. In preparation. 

WHARTON'S LAW OF HOMICIDE. A Treatise on the Law of Homicide in the 
United States ; with an Appendix of Leading Cases. By Francis Wharton, LLJ)., 
author of a " Treatise on the Criminal Law of the United States," &c. Second 
edition. 8vo. (In preparation.) 

COMMENDATORY NOTICES OF FIRST EDITION. 

The name of Wharton has become associated Mr. Wharton's well-acknowledged reputation as 

with a class of works on Criminal Law, which, an author on that branch of the law. In fact, I 

by methodical arrangement, accuracy and adap- do not know of any work on any given branch 

tation to modern practice, have conferred innu- of the Criminal Law equal to it. — Dennis McMa- 

merable benefits on the profession and on the hon, Esq., New York. 

public Criminal law is no longer a succession Mr> Wharton has fully susta ined his high rep- 

of quibbles and loose dicta, ingeniously woven utationas a writeron Criminal Law, and if we 

together for the benefit of rogues. It had once mistake not g is work will be found a m08t ac _ 

become so full of technicalities that, in the Ian- cepta ble acquisition by his professional brethren, 

guage of the present Chief Justice of Pennsyl- __ Not its least recommendation is the series 

vania, "It was time it should be interspersed of leading cases appended to it which are no _ 

^1* feW g 1 ramS ° f co ™ m ™ s ^ ns J e - u The l ?> or * where else to be procured.— Pen Wvamaw. 

of Wharton have completely sifted the sound and . . , • , , „ 

reliable principles of Criminal Law from a vast ft mo convenient book of reference, and one 

mass of incongruous opinions and ill-digested entirely reliable as an authority, in all cases in 

assnya.— Pittsburgh Legal Journal. Y* 1C J} ^^ , of Homicide, as administered in 

J the United States, is in question What 

The legal principles involved in the treatment makes it especially valuable to the professional 

of the subject are stated with great clearness, man is the very full reference to authorities, es- 

and sustained by copious references to leading pecially to the leading cases in the courts of the 

authorities. A number of interesting trials for different states of the Union. — Evening Bulletin. 

Homicide, that are now rarely to be met with, is A clear> comprehensive exposition of the law 

preserved in the appendix to the volume.— New of Homicide, as presented in a liberal and lumi- 

York Tribune. nous svs tem of Criminal Jurisprudence. — Public 

I have examined it carefully, and it sustains Ledger. 



ANNOUNCEMENTS. 
WHARTON'S LAW OF NEGLIGENCE. A TREATISE ON THE LAW OF 

NEGLIGENCE, embracing the English and American authorities. By Francis Wharton, LL.D. 
8vo. 

SHARSWOOD ON AN ACTION AT LAW. THE PROCEEDINGS IN AN 

ACTION AT LAW IN PENNSYLVANIA. By Hon. George Sharswood. Edited by George 
Sharswood, Jr. 8vo. . 

* # * The object of this work is to afford the student a succinct statement of the mode of Pro- 
cedure in the Courts of Pennsylvania. While the importance of Troubat & Haly's Practice can 
scarcely be overrated — it is a book designed more for the.daily reference of the practitioner, than for 
the use of the student. What Troubat & Haly's Practice is to the former, this work will be to the 
latter. 

LEAKE'S LAW OF CONTRACTS. ELEMENTS OF THE LAW OF CONTRACTS. 

By S. M. Leake. With American Notes by Francis Rawle, Esq., and Henry Reed, Esq., 
of the Philadelphia Bar. 8vo. 

BISPHAM'S LAW OF NOTICE. A TREATISE ON THE LAW OF NOTICE, 

as applied in Equity, in controlling the Acquisition and Enjoyment of Titles ; including the Doc 
trine of Purchases for Value, and of Equitable Assignments. By Geo. Tucker Bispham, Esq. 
author of the " Principles of Equity." 8vo. 

PRICE ON THE REAL ESTATE ACT. THE PENNSYLVANIA ACT OF 1853, 

FOR THE SALE OF REAL ESTATE. By Eli K. Price, Esq. Crown 8vo. 

CORD ON THE RIGHTS OF MARRIED WOMEN. A TREATISE ON THE 

LEGAL AND EQUITABLE RIGHTS OF MARRIED WOMEN; as well in respect of their Pro- 
perty and Persons as to their Children. With an appendix of the recent American Statutes, and the 
decisions under them. By William H. Cord, Esq. Second Edition, 8vo. 

WILLIAMS ON EXECUTORS. A TREATISE ON THE LAW OF EXECUTORS 

AND ADMINISTRATORS. By Edward Vaughan Williams (now one of the judges of her 
Majesty's Court of Common Pleas). Sixth American, from the last London Edition. With Notes and 
References to the latest English and American authorities, by J. C. Perkins, LL.D. 2 vols. 8vo. 



THE 



CONSTITUTION 



OF 



PENNSYLVANIA 



AS AMENDED 

IN THE YEAR 1874 

WITH 

NOTES AND REFERENCES. 

TO WHICH IS APPENDED 

THE CONSTITUTION OF 1838. 



BY 
FREDERICK C. BRIGHTLY, Esq., 

AUTHOR OP "PURDON'S DIGEST," ETC. 




PHILADELPHIA: 
KAY & BROTHER, 17 & 19 SOUTH SIXTH STREET, 

lab) BooRSflUrs, ^v&ligfyxs anij £mporttrs. 
1874. 









%*> 



JUST PUBLISHED. 



Bispham's Principles of Equity. 

One Volume Svo. Price, $7.50. 

THE PRINCIPLES OF EQUITY. A Treatise on the System of Justice Administered 
in the Courts of Chancery. By Geo. Tucker Bispham, Esq., of the Philadelphia 
Bar. 8vo. $7.50. 

Although to a certain extent the literature of this branch of the law has kept pace with the 
growth of the law^tself, by the production of treatises on particular subjects connected with the 
jurisdiction of the"Courts of Chancery, no recent attempt has been made in this country to supply 
a general work in which the development of the present condition of equity jurisprudence should be 
expressed. The present treatise is an attempt to supply this want. The effort has been to explain 
the modern doctrines of Courts of Equity, and to illustrate the manner in which they haye been 
applied ; and at the same time to exemplify and define the principles of equity as they have existed 
in the English law from the earliest times. 

Designed for students as well as for practitioners, one great object has been to avoid a super- 
abundance of citations ; but it is hoped that the authorities cited are sufficiently numerous to give the 
practitioner in every State the benefit of the decisions of his own courts without overcrowding the 
treatise with authorities upon single points. The references generally are to the modern reports and 
treatises, because such volumes are usually within convenient reach, and in them the doctrines sought 
to be explained have been most elaborately discussed, and their application most practically illus- 
trated ; at the same time due regard has been always had to the ancient decisions wherein the princi- 
ples of equity have had their birth and their early development. 

TABLE OF CONTENTS. 



Introduction. 

Chapter I. Rise and Progress of the High 
Court of Chancei-y. II. General Outline of 
Equitable Jurisdiction. III. Maxims, in Equity. 
Part I. — Equitable Titles. 

Chapter I. Trusts ; Their Origin, History and 
General Nature. II. Express Trusts ; and herein 
of Voluntary Dispositions in Trust, of Precatory 
Trusts, and of Powers in Trust. III. Implied 
Trusts. IV. Trusts for Married Women. V. 
Trusts for Charities. VI. Trustees ; Their Pow- 
ers and Duties. VII. Mortgages. VIII. As- 
signments. 

Part II. — Equitbale Rights. 

Chapter I. Accident and Mistake. II. Fraud. 
Section 1. General Nature of Fraud ; Actual 
Fraud. 2. Fraud Arising from the Intrinsic 
Nature of the Transaction. 3. Fraud Presumed 
from the Relations of the Parties. 4. Fraud Af- 



fecting Third Parties; General Rules as to Fraud. 
III. Notice. IV. Equitable Estoppel ; Election. 
V. Conversion and Reconversion. VI. Adjust- 
ment. VII. Liens. 

Part III. — Equitable Remedies. 

Chapter I. Specific Performance. II. Injunc- 
tions. Section 1. General Nature of Injunctions ; 
Injunctions to Restrain Infringements of Equita- 
ble Rights; and'herein of Injunctions to Restrain 
Proceedings at Law; of Bills of Peace; and of 
Bills of Interpleader. 2. Injunctions to Protect 
Legal Rights. 

Chapter III. Re-execution, Reformation, Re- 
scission and Cancellation. IV. Account; Parti- 
tion; Dower; Boundaries; Rent. V. Partner- 
ship Bills. VI. Creditors' Bills and Adminis- 
tration Suits. VII. Infants, Idiots and Luna- 
tics. VIII. Discovery. IX. Bills Quia Timet; 
Receivers; Writs of Ne exeat; and of Supplicavit. 



COMMENDATORY NOTICES. 

I have examined carefully the plan of the work, Our examination satisfies us that, all things 
which is eminently logical and exhaustive .... considered, it is probably the best book to be 
I have the most entire confidence in the author's *first placed in the hands of American students of 
ability and powers of research . . .- . T"Hj£ha^|^uUy law. It should precede, in a course of 
executed his plan as well as it cqjajjd., bVidone-by "fading, the more elaborate works of Story, 

any one A work invaluable 'to the g( ,'l[3n2g^K§P*l^e and Daniell. It has its value also to 

fession, and which will add greatly to his already % practitioners in the great attention which the 
high reputation. — Mr. Justice SHars M j^jj&o j^- author has*bes'tow|d upon the recent equity de- 
the Suprein-e Court of Pennsylvania. *•* ^5y%^«scjsrons of^thg House of Lords and Chaucei'y 

-*. - " Courts ofwreat Britain. This is a marked fea- 



I am pleased with the work . It^pW tu r%0 fllp..work, and gives it an especial value, as 

many oi these decisions are of general and great 



is logical, and the arrangement of the subjects 

discussed orderly and systematic A clear 

and accurate exposition of the principles of 
equity, as developed and applied by the Courts in 
administering this important branch of jurispru- 
dence. — Mr. Justice Williams, of the Siqireme 
Court of Pennsylvania. 



importance, and have not yet found their way into 
the text-books in common use. — Hon. John F. 
Dillon {Central Law Journal.) 

A valuable contribution to the splendid law 
literature of xhe period. — Albany Law Journal. 



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